TO: HONORABLE MAYOR FROM: Matt Loesch
AND CITY COUNCIL Jim Shannon
SUBJECT: SEE BELOW DATE: July 28, 2023
Approved Date
8/3/23
COUNCIL DISTRICT: 3
SUBJECT: ACTIONS RELATED TO THE 9157 - FIRE STATION NO. 8 - RELOCATION (2018 MEASURE T) PROJECT
RECOMMENDATION
(a) Adopt a Resolution adopting the Fire Station No. 8 Relocation Project Initial Study/Mitigated Negative Declaration (File No. ER22-063) and the associated Mitigation Monitoring and Reporting Plan, in accordance with the California Environmental Quality Act (CEQA).
(b) Report on bids and award of a contract for the construction of 9157 - Fire Station No. 8 Relocation Project to the lowest responsive, responsible bidder D.L. Falk Construction, Inc., for the base bid in the amount of $10,526,000, and approve a 10% contingency in the amount of $1,052,600.
(c) Adopt the following 2023-2024 Appropriation Ordinance amendments in the Public Safety and Infrastructure Bond Fund (498):
(1) Increase the Measure T – Fire Station 8 Relocation appropriation in the amount of $1,687,000;
(2) Decrease the Measure T – Program Reserve (Public Safety) appropriation by $1,687,000.
(d) In accordance with City Council-approved Budget Principle #8, certify that funding the annual operations and maintenance costs for Fire Station 8, which is estimated to exceed $100,000 annually in the General Fund once the project is complete, will not require a decrease in existing basic neighborhood services.
COUNCIL AGENDA: 8/15/23
FILE: 23-1030
ITEM: 3.3
HONORABLE MAYOR AND CITY COUNCIL
July 28, 2023
Subject: Report on Bids and Award of Contract for Construction of 9157 - Fire Station No. 8 Relocation Project
SUMMARY AND OUTCOME
This memorandum summarizes the bids received and requests award of a construction contract for the 9157 – Fire Station No. 8 - Relocation (2018 Measure T) Project (Project). The relocated Fire Station No. 8 is to be located at 601 E. Santa Clara Street, at the intersection with 13 th Street
in Downtown San José (See Attachment A). The Project replaces an existing Fire Station No. 8 adjacent to Coyote Creek and Santa Clara Street. Relocation is required to improve facility quality and meet current fire station standards.
Approval of the contract with D.L. Falk Construction, Inc. will enable the Project to proceed into construction. Approval of a 10% contingency will provide funding for any unanticipated work necessary for the proper completion or construction of the Project.
Adoption of the resolution enables construction activities to proceed in accordance with the adopted Mitigated Monitoring and Reporting plan for the Project. Adoption of the appropriation ordinance amendments will provide adequate funding for the Project and certification in accordance with City Council Budget Principle #8 demonstrates that funding for the entire cost of the project, including the ongoing operations and maintenance costs, will not require a decrease in existing basic neighborhood services.
BACKGROUND
On November 6, 2018, 70% of San José voters approved ballot Measure T - The Disaster Preparedness, Public Safety and Infrastructure Bond. The measure authorizes the City of San José to issue up to $650,000,000 in general obligation bonds for infrastructure projects. The Bond provides $175 million for Public Safety projects that included three new fire stations (Nos. 32, 36, 37), two relocated fire stations (Nos. 8 and 23), and a number of other critical public safety projects. The current status of Public Safety projects is presented in Attachment D.
In addition, as directed by Council on February 12, 2019, relative to Item 3.4: Measure T – Building a Sustainable Future
1 and the Climate Smart San José Plan Semi-Annual Update2 and presented to the Transportation and Environment Committee on October 7, 2019, Measure T buildings will incorporate Zero Net Carbon technologies and will be evaluated for backup-ready systems to support the City’s resiliency goals.
The Project is located on a 15,000 square foot site purchased by the City in 2021. The Project consists of the new single-company, two-story building, with one apparatus bay. In addition, the new building includes a private office, an open office area, a kitchen with dining and a living room area, and four dormitories, with hall bathrooms, a workout room and other building support rooms, of approximately 5,900 square feet.
1 https://sanjose.legistar.com/LegislationDetail.aspx?ID=3847489&GUID=DCF04188-1A48-4F02-B12D-24873EAD82E5 2 https://sanjose.legistar.com/View.ashx?M=A&ID=709896&GUID=2F80CB01-7C46-4850-AF24-F2E8A34D1A02
HONORABLE MAYOR AND CITY COUNCIL
July 28, 2023
Subject: Report on Bids and Award of Contract for Construction of 9157 - Fire Station No. 8 Relocation Project
The new Fire Station No. 8 is being designed as an “Essential Services Facility” in accordance with the California Essential Services Buildings Seismic Safety Act of 1986, and the 2016 Critical Operations Power Systems - California Electrical Code Section 708. Future plans of the existing Fire Station No. 8 building at Santa Clara Street and 17th Street will be evaluated upon vacancy.
Three Bid Alternates were also considered for inclusion in the project:
Bid Alternate No. 1: The Fire Station Alerting System Equipment, including installation.
Bid Alternate No. 2: Alternate fiber cement exterior wall panel layout.
Bid Alternate No. 3: A nine-foot tall Ameristar Echelon II ornamental aluminum fence in lieu of custom steel picket fence.
Construction is scheduled to begin in September 2023 with completion in January 2025.
ANALYSIS
Bids were opened on June 1, 2023, with the following results:
Contractor
Base Bid
Bid Alt.
Total
Total Bid
Variance
Amount to
Base Bid
Base Bid
Over/(Under)
Percent
Engineers
Estimate
$9,050,000 $90,400 $9,140,400 - -
D.L. Falk
Construction
(Hayward)
$10,526,000 $333,500 $10,859,500 $1,476,000 16
Midstate
Construction
(Petaluma)
(non-responsive)
$11,837,341 $269,000 $12,106,341 $2,787,341 31
Zovich and Sons
(Brentwood)
$12,165,854 $430,000 $12,595,855 $3,115,855 34
HONORABLE MAYOR AND CITY COUNCIL
July 28, 2023
Subject: Report on Bids and Award of Contract for Construction of 9157 - Fire Station No. 8 Relocation Project
The bid results of the bid alternates are as follows:
Contractor Bid Alternate No. 1 Bid Alternate No. 2 Bid Alternate No. 3 Engineers Estimate $78,700 $18,900 ($7,200)
D.L. Falk Construction
(Hayward)
$123,500 $130,000 $80,000
Midstate Construction
(Petaluma) (non-
responsive)
$156,000 $168,000 ($55,000)
Zovich and Sons
(Brentwood)
$210,000 $120,000 $100,000
The bid submitted by Midstate Construction was deemed non-responsive for failing to provide the specific bidder’s experience information required by the City.
Staff recommends awarding the Base Bid only and not the Bid Alternates for the project. This is due to bids received for the Bid Alternates are much higher than expected. The Bid Alternate No. 1 may be acquired later through a Department Purchase Order agreement with a licensed vendor and Bid Alternates No. 2 and No. 3 are material refinements to the project, and not necessarily a need.
The Base Bid submitted by D.L. Falk Construction is approximately 16% above the Engineer’s Estimate. A thorough bid analysis was performed by the design consultant and City staff that determined the low bid submitted by D. L. Falk is considered acceptable for the work involved in the project and current market conditions. The higher than estimated bid can be attributed to the general contractor’s assumed risk of the following items:
• Significant material/supply chain shortages and price fluctuations which have impacted construction schedules and material/construction costs. • Constantly changing escalation and inflation trends of construction costs have been significant in recent months and corresponding trends and future predictions are frequently changing.
• Construction industry continues to experience shortages of skilled laborers, particularly in the specialty trades of electrical, mechanical, and plumbing.
The complexity of the project (i.e., specific project scope, utilizing multiple trades at the same time, etc.), construction duration, and current market conditions present an increased risk to the project. Staff will monitor and adjust its cost estimating tools to reflect market changes and will continue tracking inflations in pricing for future projects. Staff recommends awarding the project to D.L. Falk Construction.
HONORABLE MAYOR AND CITY COUNCIL
July 28, 2023
Subject: Report on Bids and Award of Contract for Construction of 9157 - Fire Station No. 8 Relocation Project
D.L. Falk Construction last worked on City project in 2009 and had completed the construction of Fire Stations 12 and 17. During both projects, the City successfully worked with D. L. Falk Construction on project issues and reached resolution at project completion. As part of this procurement, staff conducted a reference check on a fire station project completed by D.L. Falk in 2021 for Coastside Fire Protection District in Half Moon Bay and the contractor received a favorable reference for its performance on that project.
Contingency
San José Municipal Code Section 27.04.050 provides for a standard contingency of 10% on all public works contracts except those involving the renovation of a building or buildings. The standard 10% contingency is appropriate for this project.
Project Labor Agreement Applicability
The City’s Project Labor Agreement is applicable to this project because the Engineer’s Estimate is over $1.22 million.
Local and Small Business Analysis
The recommended contractor is not a local or a small business enterprise. However, several local business enterprises are listed as subcontractors on this project: Rodriguez Sheet Metal (San José) will be performing metal roofing, siding, metal flashing and trim work valued at approximately $300,000; Rick Slater Construction (San José) will be performing fiber cement siding work valued at approximately $500,000; O.C. McDonald (San José) will be performing plumbing work valued at approximately $787,000; and Duran & Venables (Milpitas) will be performing grading and paving work valued at approximately $700,000.
Climate Smart San José Analysis
The recommendation in this memorandum aligns with one or more Climate Smart San José energy, water, or mobility goals. The new fire station building design incorporates a photovoltaic panel system on the roof which will reduce energy consumption and provides additional energy savings and energy resiliency. At the same time, the building has implemented Zero Net Carbon features, which eliminates the use of natural gas to the building. The project also meets Cal Green and City Reach Code requirements, and designed to achieve at least a minimum of Leadership in Energy and Energy Design Silver rating from the U.S. Green Building Council.
EVALUATION AND FOLLOW-UP
No additional follow up action with the City Council is expected at this time.
HONORABLE MAYOR AND CITY COUNCIL
July 28, 2023
Subject: Report on Bids and Award of Contract for Construction of 9157 - Fire Station No. 8 Relocation Project
COST SUMMARY/IMPLICATIONS
In 2008, the City Council approved a set of Budget Principles that included a requirement (Budget Principle #8
3) that: capital improvement projects shall not proceed for projects with annual operating and maintenance costs exceeding $100,000 in the General Fund without City Council certification that funding will be made available in the applicable year of the cost impact. Certification shall demonstrate that funding for the entire cost of the project, including the operations and maintenance costs, will not require a decrease in existing basic neighborhood services. While the final amount will be further analyzed prior to inclusion in future budgets operating and maintenance costs impacting the General Fund for this facility will cost approximately $175,000 on an annualized basis. Though a significant amount, the 2024-2028 Five-Year General Fund Forecast already incorporates these estimated ongoing costs and staff does not anticipate a degradation of basic neighborhood services, especially given the essential service nature of the facilities. Staff recommends City Council certification of this project.
The majority of the project costs are funded through the Public Safety and Infrastructure Bond Fund, with $36,000 allocated in the General Fund for Capital Program and Public Works Department Support Service Costs that are ineligible to be paid using bond funds.
The total cost
of the project is outlined below.
1. TOTAL COST OF PROJECT:
Project Delivery* $9,150,906
Construction 10,526,000
Contingency 1,052,600
TOTAL PROJECT COSTS $20,729,506
Prior Years’ Expenditures and Encumbrances through
June 30, 2023*: 7,028,506
TOTAL REMAINING PROJECT COSTS $13,701,000
Remaining Available Budget $12,014,000
Additional Funding Needed $1,687,000
*Project Delivery includes property acquisition and Phase 1 demo work.
2. COST ELEMENTS OF AGREEMENT/CONTRACT:
General Requirements $745,600
Vapor Intrusion Mitigation System 85,000
Concrete, Thermal and Moisture Protection, Metal, Wood
and Plastics, Openings, Finishes, Specialties Equipment, Elevator, Earthwork, Ext. Improvements and Site Utilities 6,443,700
Fire Suppression 75,000
3 See Page 38 of the City Manager’s Transmittal Message of the 2023-2024 Proposed Operating Budget:
https://www.sanjoseca.gov/home/showpublisheddocument/97235/638194085691200000
HONORABLE MAYOR AND CITY COUNCIL
July 28, 2023
Subject: Report on Bids and Award of Contract for Construction of 9157 - Fire Station No. 8 Relocation Project
Plumbing System 787,460
Mechanical System 421,500
Electrical and Generator System 1,600,000
Communications, Electronic, and Safety and Security 252,000 TOTAL BID AMOUNT $10,526,000
Additional funding of $1.7 million is necessary to ensure sufficient funding for the Project, with a corresponding decrease to the Public Safety Program Reserve. A total of $7.0 million is allocated in the Public Safety Program Reserve for potential overages pending bid results for the remaining Public Safety projects; any remaining amounts could then be applied toward the design and construction of Fire Station 23. See Attachment D for the timeline for the award and construction of the remaining projects, such as the Police Training and Academy, Police Air Support Unit Hangar, Fire Station 32, and 911 Call Center Renovation, which are estimated to open bids in the next three months.
BUDGET REFERENCE
The table below identifies the fund and appropriations to fund the contract recommended as part of this memorandum.
Fund
#
Appn
# Appn. Name
Current Total
Appn
Rec. Budget
Action Amt. for
Contract
2023-2024
Proposed
Capital
Budget
Page*
Last Budget
Action
(Date, Ord. No.)
498 414Z Measure T – Fire
Station 8
Relocation
$12,014,000 $1,687,000 $10,526,000 586 6/20/2023,
Ord. No.
30933
498 8575 Measure T –
Program Reserve
(Public Safety)
$6,950,000 ($1,687,000) 0 611 6/20/2023,
Ord. No.
30933
*The 2023-2024 Adopted Capital Budget was approved on June 13, 2023 and adopted on June 20, 2023 by the City Council.
COORDINATION
The project and memorandum have been coordinated with the City Attorney’s Office, Fire Department and Planning, Building, and Code Enforcement.
HONORABLE MAYOR AND CITY COUNCIL
July 28, 2023
Subject: Report on Bids and Award of Contract for Construction of 9157 - Fire Station No. 8 Relocation Project
PUBLIC OUTREACH
Nearby residents were invited by mail to attend a community outreach meeting for this facility held in September 2021. The Department of Planning, Building and Code Enforcement Draft of the Initial Study was also circulated for public review and comment.
This memorandum will be posted on the City’s Council Agenda website for the August 15, 2023 Council Meeting.
COMMISSION RECOMMENDATION AND INPUT
No commission recommendation or input is associated with this action.
CEQA
Mitigated Negative Declaration for the Fire Station No. 8 Project. File No. ER-22-063 (See Attachments B and C).
PUBLIC SUBSIDY REPORTING
This item does not include a public subsidy as defined in section 53083 or 53083.1 of the California Government Code or the City’s Open Government Resolution.
/s/
MATT LOESCH JIM SHANNON
Director, Public Works Budget Director
For questions, please contact Sal Kumar, Interim Deputy Director, at [email protected] or (408) 793-5307.
ATTACHMENTS:
Attachment A - Location Map
Attachment B - Resolution
Attachment C - Mitigation Monitoring and Reporting Program – ER-22-063 Attachment D - Public Safety Projects Schedule
Attachment A
Location Map
FIRE STATION NO. 8 – RELOCATION
NOT TO SCALE
PROJECT SITE:
601 E. Santa Clara Street
1 T-39008.002/1758273
Council Agenda:____
Item No.: _____
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO. _______
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE A DOPTING THE FIRE STATION NO. 8
RELOCATION PROJECT MITIGATED NEGATIVE
DECLARATION, FOR WHICH AN INITIAL STUDY WAS
PREPARED, AND ADOPTING A RELATED MITIGATION
MONITORING AND REPORTING PROGRAM ALL IN
ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, prior to the adoption of this Resolution, the Director of Planning, Building and Code Enforcement of the City of San Jos é prepared an Initial Study and approved for circulation a Mitigated Negative Declaration for the Fire Station No. 8 Relocation Project under Planning File No. ER22-063 (the “Initial Study/ Mitigated Negative Declaration”), all in accordance with the requirements of the California Environmental Quality Act of 1970, together with state and local guidelines implementing said Act, all as amended to date (collectively “CEQA”); and
WHEREAS, the Fire Station No. 8 Relocation Project (the “Project”) analyzed under the Initial Study/ Mitigated Negative Declaration consists of a Public Project Permit to construct a new a single- company, two-story fire station with a single apparatus bay for San José Fire Department (SJFD) Fire Station No. 8 at 601 E Santa Clara Street and relocate the uses from its current location at 802 E Santa Clara Street to the new building. The Project site is located approximately 0.25 mile west of Coyote Creek, 0.22 mile west of Ro osevelt Park, 0.6 mile northeast of San José State University, 1.3 miles southeast of Guadalupe River Park, and 4.5 miles southeast of Norman Y. Mineta International Airport (Assessor’s Parcel Number 467-15-010); and
WHEREAS, the Initial Study/Mitigated Negative Declaration concluded that implementation of the Project could result in certain significant effect s on the Attachment B
2 T-39008.002/1758273
Council Agenda:____
Item No.: _____
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
environment and identified mitigation measures that would reduce each of those significant effects to a less-than-significant level; and
WHEREAS, in connection with the approval of a project involving the preparation of an initial study /mitigated negative declaration that identifies one or more significant environmental effects, CEQA requires the decision -making body of the l ead agency to incorporate feasible mitigation measures that would reduce those significant environmental effects to a less-than-significant level; and
WHEREAS, whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires a lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation, and such a mitigation monitoring and r eporting program has been prepared for the Project for consideration by the decision- maker of the City of San José as lead agency for the Project (the “Mitigation Monitoring and Reporting Program”); and
WHEREAS, the City Council has reviewed and considered the Initial Study/ Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Project and intends to take actions on the Project in compliance with CEQA and state and local guidelines implementing CEQA; and
WHEREAS, the Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Project are on file in the Office of the Director of Planning, Building and Code Enforcement , located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, are available for inspection by any interested person at that location and on-line and are, by this reference, incorporated into this Resolution as if fully set forth herein;
3 T-39008.002/1758273
Council Agenda:____
Item No.: _____
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE:
THAT THE CITY COUNCIL does hereby incorporate the foregoing recitals by reference into the body of this Resolution.
THAT THE CITY COUNCIL does hereby make the following findings: (1) it has independently reviewed and analy zed the Initial Study/ Mitigated Negative Declaration and other information in the record and has considered the information contained therein, prior to acting upon or approving the Project, (2) the Initial Study/ Mitigated Negative Declaration prepared for the Project has been completed in compliance with CEQA and is consistent with state and local guidelines implementing CEQA, and (3) the Initial Study/ Mitigated Negative Declaration represents the independent judgment and analysis of the City of San Jos é, as lead agency for the Project. The City Council designates the Director of Planning, Building and Code Enforcement at the Director’s Office at 200 East Santa Clara Street, 3rd Floor Tower, San Jos é, California, 95113, as the custodian of documents and records of proceedings on which this decision is based.
THAT THE CITY COUNCIL does hereby find that based upon the entire record of proceedings before it and all information received that there is no substantial evidence that the Project will have a significant effect on the environment and does hereby adopt the Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program prepared fo r the Project (Planning File No. ER22 -063). The Mitigation Monitoring and Reporting Program for the Project is attached hereto as Exhibit “A” and fully incorporated herein. The Initial Study/ Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are: (1) on file in the Office of the Director of Planning, Building and Code Enforcement , located at 200 East Santa Clara Str eet, 3rd Floor Tower, San José, California, 95113 and (2) available for inspection by any interested person.
4 T-39008.002/1758273
Council Agenda:____
Item No.: _____
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ADOPTED this ____ day of _________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
MITIGATION MONITORING AND REPORTING PROGRAM
Fire Station No. 8 Relocation Project
File No. ER22-063
CITY OF SAN JOSE
July 2022
Attachment C
Page | 1 File No.: ER22-063
P R E F A C E
Section 21081.6 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring and reporting program is to ensure compliance with the mitigation measures during project implementation. In instances in which the mitigation, monitoring, compliance, or other responsibility is assigned to the Director of the Planning, Building, and Code Enforcement or the Director’s designee, the designee is understood to be other staff member(s) of the Planning, Building and Code Enforcement Department.
The Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the Fire Station No. 8 Relocation Project concluded that the implementation of the project could result in significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This MMRP addresses those measures in terms of how and when they will be implemented. This document does not discuss those subjects for which the IS/MND concluded that the impacts from implementation of the project would be less than significant.
I, ____ , the applicant, on the behalf of _______ , hereby agree to fully implement the Mitigation Measures described below which have been developed in conjunction with the preparation of an Initial Study and MND for my proposed project. I understand that these mitigation measures or substantially similar measures will be adopted as conditions of approval with my development permit request to avoid or significantly reduce potential environmental impacts to a less than significant level.
This Mitigation Monitoring and Reporting Program addresses those measures in terms of how and when they will be implemented.
Project Proponent’s Signature _____________________________________________ Date___________________________________________________________
Page | 2 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Monitoring
Reporting
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring
Timing or
Schedule
[How often]
AIR QUALITY
Impact AIR-1: Cancer risk from construction activities and operations would be 39.6 per million, which exceeds the single-source significance threshold of 10 per million, at the residence with maximum impact, assuming infant exposure.
Mitigation Measure AIR-1: Tier 4 Engines.
Prior to the start of construction activities, the
project proponent shall prepare a construction
operations plan that demonstrates that the off-
road equipment used on-site to construct the
Project would at minimum achieve a fleet-wide
average 95-percent reduction in mass of exhaust
emissions of diesel particulate matter (DPM).
Specifically, this plan shall include, but is not
limited to, the measures identified below:
All diesel-powered off-road equipment
larger than 25 horsepower operating on
the site for more than two days
continuously shall, at a minimum, meet
Prepare a construction
operations plan that
demonstrates that the
off-road equipment used
on-site to construct the
Project would at
minimum achieve a fleet-
wide average 95-percent
reduction in mass of
exhaust emissions of
DPM.
Prior to the start
of construction
activities
Director of Planning,
Building and Code
Enforcement or the
Director’s designee
Review and
approve
construction
operations plan
Prior to the
start of
construction
activities
Planning, Building and Code Enforcement CHRISTOPHER BURTON, DIRECTOR
Page | 3 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Monitoring
Reporting
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring
Timing or
Schedule
[How often]
U.S. EPA particulate matter emissions
standards for Tier 4 engines with CARB-
certified Level 3 Diesel Particulate Filters,
or equivalent. Exceptions could be made
for equipment that includes CARB-
certified Level 3 Diesel Particulate Filters
or equivalent. Equipment that is
electrically powered or uses non-diesel
fuels would also meet this requirement
Provide electric power if feasible to avoid
use of diesel-powered generator sets and
other portable equipment.
BIOLOGICAL RESOURCES
Impact BIO-1: Demolition, grading, and construction activities and tree removal during the nesting season could impact migratory birds.
Mitigation Measure BIO-1: Nesting Bird
Protection Measures.
Avoidance: To the extent possible,
construction activities that may
encounter nesting birds (e.g., tree
removal) should be performed outside of
the nesting season. For most birds,
Contract a qualified
biologist to conduct
preconstruction surveys
for nesting birds.
If active nests are
identified, establish no-
disturbance buffer zones
around each nest,
Pre-construction
nesting surveys
within 14 days
prior to the start
of vegetation
removal, tree
trimming and
removal, ground
Director of Planning,
Building and Code
Enforcement or the
Director’s designee
Confirm receipt
of executed
contract with a
qualified biologist
to perform pre-
construction
surveys prior to
Executed
contract
with qualified
biologist must
be submitted
prior to
issuance of
permits
Planning, Building and Code Enforcement CHRISTOPHER BURTON, DIRECTOR
Page | 4 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Monitoring
Reporting
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring
Timing or
Schedule
[How often]
including most raptors in the San
Francisco Bay area, this period extends
from February 1st through August 31st
(inclusive). Construction activities include
any site disturbance such as, but not
limited to, tree trimming or removal,
demolition, grading, and trenching.
Nesting Bird Surveys: For construction
activities that are initiated during the
nesting season, pre-construction nesting
bird surveys shall be completed by a
qualified biologist to ensure that active
nests are not disturbed by construction.
This survey shall be completed no more
than 14 days prior to the initiation of
construction activities. During this survey,
the biologist shall inspect all trees and
other possible nesting habitats
immediately adjacent to the construction
area for nests.
Buffer Zone: If an active nest is found
sufficiently close to work areas to be
disturbed by construction, the biologist
monitor construction
activities near suitable
habitat, when applicable,
and implement the
additional requirements
in Mitigation Measure
BIO-1.
disturbance, and
demolition or
after any
construction
breaks of 14 days
or more.
Also during and
after construction
work if active
nests are
identified.
issuance of
permits
for construction
activities. Receive
and review
survey
documentation,
as well as
monitoring
reports and a
final report if
active nests are
identified.
for
construction
activities.
Within 14 days
prior to the
start of
vegetation
removal, tree
trimming and
removal,
ground
disturbance,
and demolition
or after any
construction
breaks of 14
days or more.
Also during
and after
construction
work if active
nests are
identified.
Planning, Building and Code Enforcement CHRISTOPHER BURTON, DIRECTOR
Page | 5 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Monitoring
Reporting
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring
Timing or
Schedule
[How often]
shall determine the extent of a
construction-free buffer zone to be
established around the nest (typically 250
feet for raptors and 100 feet for passerine
birds) to ensure that nests are not be
disturbed during construction. The no-
disturbance buffer shall remain in place
until the biologist determines the nest is
no longer active or if the nesting season
ends. If construction ceases for 14 days or
more during the early part of the
breeding season (February 1st through
April 30th, inclusive) or for 30 days or
more during the late part of the breeding
season (May 1st through August 31st,
inclusive), then resumes again during the
nesting season, an additional survey shall
be necessary to avoid impacts on active
bird nests that may have been
established during the pause in
construction.
Reporting: Prior to any site disturbance,
such as tree removal, or the issuance of
Planning, Building and Code Enforcement CHRISTOPHER BURTON, DIRECTOR
Page | 6 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Monitoring
Reporting
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring
Timing or
Schedule
[How often]
any grading, building or demolition
permits (whichever occurs first), the
biologist shall submit a report indicating
the results of the survey and any
designated buffer zones to the
satisfaction of the Director of the
Department of Planning, Building and
Code Enforcement or the Director’s
designee.
CULTURAL RESOURCES
Impact CUL-1: Project ground disturbing activities could result in a substantial adverse change in the significance of an archaeological resource.
Mitigation Measure CUL-1: Cultural Resources
Awareness Training.
Prior to issuance of any grading or building
permits, a Secretary of the Interior (SOIS)-
qualified archaeologist and a Native American
representative registered with the Native
American Heritage Commission for the City of San
José and that is traditionally and culturally
affiliated with the geographic area, as described
in Public Resources Code Section 21080.3 shall
A Secretary of the
Interior–qualified
archaeologist and a
culturally affiliated Native
American representative
shall conduct a training
program for all
construction and field
personnel
Submit training
documents for
review and
approval prior to
issuance of any
grading or
building
permits. Submit
confirmation
training
conducted prior
Director of Planning
Building and Code
Enforcement or the
Director’s designee
Review and
approve training
documents. Prior
to construction,
receive
documentation
to confirm
training
conducted
Prior to the
issuance of any
grading or
building
permits
activities.
Review
documentation
construction
training
completed
Planning, Building and Code Enforcement CHRISTOPHER BURTON, DIRECTOR
Page | 7 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Monitoring
Reporting
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring
Timing or
Schedule
[How often]
conduct a training program for all construction
and field personnel involved in ground
disturbance. On-site personnel shall attend a
mandatory pre-project training that shall outline
the general archaeological sensitivity of the area
and the procedures to follow in the event an
archaeological resource and/or human remains
are inadvertently discovered. A training program
shall be established for new project personnel
before they begin project work. The project
proponent shall submit a copy of the training
documents to the Director of Planning Building
and Code Enforcement or the Director’s designee
for review and approval prior to the issuance of
any grading or building permits. Documentation
confirming the training sessions conducted shall
be submitted to the Director of Planning, Building
and Code Enforcement or Director’s designee
prior start of construction activities.
to start of
construction
activities.
prior to start of
construction
activities.
HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: Development of the proposed project could potentially expose construction works and the public to soil, soil vapor and/ or groundwater contamination from an off-site source during the demolition and construction phases of the project, and future site occupants to soil vapor contamination after construction.
Planning, Building and Code Enforcement CHRISTOPHER BURTON, DIRECTOR
Page | 8 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Monitoring
Reporting
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring
Timing or
Schedule
[How often]
Mitigation Measure HAZ-1: Site Management
Plan and Vapor Intrusion Measures.
Prior to issuance of any demolition or grading
permits, the City of San Jose shall enter into an
agreement with the Santa Clara County
Department of Environmental under their Site
Cleanup Program. The project proponent shall
meet with the SCCDEH and perform additional
soil, soil gas and/or groundwater sampling and
testing to adequately define the known and
suspected contamination from past agricultural
use and any other past uses of concern. A Site
Management Plan (SMP), Corrective Action Plan,
Remedial Action Plan, or other equivalent plan
shall be prepared and submitted to the SCCDEH
for their approval. The Plan must include a Health
& Safety Plan (HASP) and must establish remedial
measures and/or soil management practices to
ensure construction worker safety and the health
of future workers and visitors. The SMP shall
include a plan for management of soil during
construction, dust control measures, and waste
Enter into an agreement
with the Santa Clara
County Department of
Environmental under their
Site Cleanup Program and
perform additional soil,
soil gas and/or
groundwater sampling
and testing to adequately
define the known and
suspected contamination
from past uses of concern.
Retain a qualified
professional to prepare
and submit a SMP or
equivalent document, and
vapor intrusion mitigation
measures. The document
and evidence of
regulatory oversight shall
be submitted to ESD and
the Director of PBCE or
Submit the Plan,
vapor intrusion
mitigation
measures, and
evidence of
regulatory
oversight for
review and
approval prior to
issuance of any
grading permits
or permits for any
ground-disturbing
and/or
construction
activities.
Director of the City
of San José
Planning, Building,
and Code
Enforcement
Department, or the
Director’s designee,
and the
Environmental
Compliance Officer
in the City of San
José’s
Environmental
Services Department
Review the Plan,
vapor intrusion
mitigation
measures, and
evidence of
regulatory
oversight and
confirm its
attachment to
relevant grading
and/or
demolition
permits.
Prior to the
issuance of
grading or
demolition
permits.
Planning, Building and Code Enforcement CHRISTOPHER BURTON, DIRECTOR
Page | 9 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Monitoring
Reporting
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring
Timing or
Schedule
[How often]
management. The SMP would also provide
measures if areas of unexpected contamination
or subsurface structures are encountered.
Corrective actions in the SMP that could be
considered include limited soil removal around
the former LUST area, in-situ enhanced
bioremediation or chemical oxidation, monitored
natural attenuation, or a combination of one or
more of these. Additionally, based on the results
of soil vapor samples, the planned structure shall
incorporate vapor intrusion mitigation measures
to help reduce the potential for vapor intrusion
into the future structure in accordance with
SCCDEH oversight and recommendations.
The Plan and evidence of regulatory oversight
shall be provided to the Director of the City of
San José Planning, Building, and Code
Enforcement Department, or the Director’s
designee, and the Environmental Compliance
Officer in the City of San José’s Environmental
Services Department.
the Director’s designee
and attached as a
condition of the grading
permit.
Planning, Building and Code Enforcement CHRISTOPHER BURTON, DIRECTOR
Page | 10 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Monitoring
Reporting
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring
Timing or
Schedule
[How often]
NOISE
Impact NOI-1: Sensitive receptors in the project area would be intermittently exposed to high noise levels during project construction.
Mitigation Measure NOI-1: Construction
Phasing.
Prior to the issuance of any grading or demolition
permits, the project proponent shall submit and
implement a construction noise logistics plan that
specifies hours of construction, noise and
vibration minimization measures, posting and
notification of construction schedules, equipment
to be used, and designation of a noise
disturbance coordinator. The noise disturbance
coordinator shall respond to neighborhood
complaints and shall be in place prior to the start
of construction and implemented during
construction to reduce noise impacts on
neighboring residents and other uses.
Construct solid plywood fences around
ground level construction sites adjacent
Submit and implement a
construction noise
logistics plan that
specifies hours of
construction, noise and
vibration minimization
measures, posting and
notification of
construction schedules,
equipment to be used,
and designation of a noise
disturbance coordinator.
Submit
construction noise
logistics plan for
review prior to
the issuance of
any grading or
demolition
permits.
The noise
disturbance
coordinator shall
respond to
neighborhood
complaints and
shall be in place
prior to the start
of construction
Director of Planning,
Building and Code
Enforcement, or the
Director’s designee
Review and
approve
construction
noise logistics
plan. Prior to
construction,
receive
documentation
to confirm noise
disturbance
coordinator is in
place.
Prior to the
issuance of any
grading or
demolition
permits.
Review noise
disturbance
coordinator
documentation
prior to start of
construction
activities.
Planning, Building and Code Enforcement CHRISTOPHER BURTON, DIRECTOR
Page | 11 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Monitoring
Reporting
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring
Timing or
Schedule
[How often]
to operational businesses, residences, or
other noise-sensitive land uses.
Equip all internal combustion–driven
equipment with intake and exhaust
mufflers that are in good condition and
appropriate for the equipment.
Prohibit unnecessary idling of internal
combustion engines.
Locate stationary noise-generating
equipment such as air compressors or
portable power generators as far as
possible from sensitive receptors.
Construct temporary noise barriers to
screen stationary noise-generating
equipment when located near adjoining
noise-sensitive land uses.
Utilize “quiet” air compressors and other
stationary noise sources where
technology exists.
Control noise from construction workers’
radios to a point where they are not
audible at existing residences bordering
the project site.
and implemented
during
construction to
reduce noise
impacts on
neighboring
residents and
other uses.
Planning, Building and Code Enforcement CHRISTOPHER BURTON, DIRECTOR
Page | 12 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Monitoring
Reporting
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring
Timing or
Schedule
[How often]
Notify all adjacent businesses, residences,
and other noise-sensitive land uses of the
construction schedule in writing and
provide a written schedule of “noisy”
construction activities to the adjacent
land uses and nearby residences.
If complaints are received or excessive
noise levels cannot be reduced using the
measures above, erect a temporary noise
control blanket barrier along surrounding
building facades that face the
construction sites.
Designate a “disturbance coordinator”
who shall be responsible for responding
to any complaints about construction
noise. The disturbance coordinator shall
determine the cause of the noise
complaint (e.g., bad muffler, etc.) and
shall require that reasonable measures be
implemented to correct the problem.
Conspicuously post a telephone number
for the disturbance coordinator at the
construction site and include it in the
Planning, Building and Code Enforcement CHRISTOPHER BURTON, DIRECTOR
Page | 13 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Monitoring
Reporting
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring
Timing or
Schedule
[How often]
notice sent to neighbors regarding the
construction schedule.
Limit construction hours to 7 a.m. to 7
p.m., Monday through Friday for any on
site or off-site work within 500 feet of any
residential unit. Construction outside of
these hours may be approved through a
development permit based on a site-
specific “construction noise mitigation
plan” and a finding by the Director of
Planning, Building and Code Enforcement
that the construction noise mitigation
plan is adequate to prevent noise
disturbance of affected residential uses.
Because it is anticipated that certain
construction activities (such as
continuous pours of concrete
foundations) may require work outside
normally permitted construction hours
(e.g., overnight), the project’s Planned
Development Permit would allow for such
construction activities, subject to
conditions of approval, including
Planning, Building and Code Enforcement CHRISTOPHER BURTON, DIRECTOR
Page | 14 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Monitoring
Reporting
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring
Timing or
Schedule
[How often]
performance standards, imposed by the
City to limit noise impacts.
Source: Initial Study for the Fire Station No. 8 Relocation Project, July 2022.
Planning, Building and Code Enforcement CHRISTOPHER BURTON, DIRECTOR Attachment D
Public Safety Projects Schedule
Public Safety Projects
SCOPING/CEQA/PROPERTY ACQUISITION: Consultant Selection, Programming/Feasibility and Environmental Studies DESIGN: Consultant Selection, Design, Review, Permitting AWARD AND CONSTRUCTION: Advertise, Bid Opening, Council Award & Contract Execution, Construction ESTIMATES: Including refined cost estimates throughout design and final est (1 = initial estimate, 2 = 50% estimate, 3 = 95% estimate, 4 = final estimate/VE) BID OPENING: Final project cost will be determined
ESTIMATED CONSTRUCTION START DATE
Nov-23Sep-23 Oct-23Jun-23 Jul-23 Aug-23
911 Call Center Renovation -
Upgraded/New
Fire Station No. 8 - Relocated
Fire Station No. 23 - Relocated
Fire Station No. 32 - New
Police Training and Academy -
New/Relocated from South
Substation
Fire Station No. 36 - New
Jan-24 Feb-24 Mar-24
Police Air Support Unit Hangar -
New at Airport
Dec-23
1