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03-03-2020 - AGENDA ITEM 03 CONSIDERATION OF A PREQUALIFIED LIST OF ENVIRONMENTAL CONSULTANTS AND ADOPTION OF REVISIONS TO CITY PROCEDURES TO IMPLEMENT THE CALIFORNIA11/16/2020 Print Staff Report AGENDA ITEM NO.3 DATE: March 3, 2020 TO: Mayor and City Council FROM: David Carmany City Manager AGENDA STAFF REPORT City of West Covina I Office of the City Manager SUBJECT: CONSIDERATION OF A PREQUALIFIED LIST OF ENVIRONMENTAL CONSULTANTS AND ADOPTION OF REVISIONS TO CITY PROCEDURES TO IMPLEMENT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND CEQA GUIDELINES RECOMMENDATION: It is recommended that the City Council take the following actions 1. Approve a list of prequalified consultants to be used for Environmental Consulting Services for three years ending April 1, 2023, and 2. Adopt the following resolution to revise the procedures to implement the California Environmental Quality Act (CEQA and CEQA Guidelines. RESOLUTION NO.2020-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA ADOPTING PROCEDURES TO IMPLEMENT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND THE CEQA GUIDELINES BY INCORPORATING THE CEQA GUIDELINES INTO THE OPERATIONS OF THE CITY OF WEST COVINA AND REPEALING RESOLUTION NO.2016-26 BACKGROUND: On April 5, 2016, the City Council adopted California Environmental Quality Act (CEQA) procedures regarding the selection of consultants to prepare environmental documents for development projects. This prequalification list implements the CEQA procedures. In summary, the 2016 policy sought to achieve the following goals: 1. Provide for expedited review of development projects by reducing the timeframe for release of the RFP, reducing the number of proposals received and reducing the need to prepare and present proposals to City Council, which provides a potential savings of two to three months of processing time. 2. Ensure that the firms preparing environmental documents are qualified to perform the work, so that the City's decision -makers, the public and other agencies are provided with complete and accurate information. https://destinyhosted.com/print_ag_memo.cfm?seq=663&rev_num=0&mode=Extemal&reloaded=true&id=93762 1/3 11/16/2020 Print Staff Report 3. Eliminate, to the extent possible, actual or perceived conflicts of interest by ensuring that firm(s) preparing environmental documents are not financially involved with either the project or the applicant. 4. Ensure that firms interested in being on the City's approved list have the opportunity to submit qualifications for consideration. The system has worked fairly well, however, staff believes there is room for further improvements as discussed below. DISCUSSION: As discussed below staff is recommending an updated list of five environmental consultants and revisions to the procedures for implementing the California Environmental Quality Act (CEQA) that will ensure thorough environmental review process as well as an expedited process. PREQUALIFIED CEQA CONSULTANT LIST Currently, the City has a list of six prequalified consultants that were selected based on an RFP and City Council approval in 2016. On October 28, 2019, staff issued a Request for Qualifications (RFQ) for Environmental Consulting Services. In response staff received Statements of Qualification from the following eighteen firms: Aspen Environmental Chambers Group ECORP Consulting, Inc. EcoTierra Consulting Envicom Corporation EPD Solutions ESA FirstCarbon Solutions GPA Consulting ICF Impact Sciences LSA MIG Psomas Rincon Consulting, Inc. Terry A. Hayes Associates Ultra Systems Environmental Willdan Staff reviewed the Statement of Qualification for completeness, relevant experience, understanding of the project, qualifications of the project team and understanding of the scope of services and is recommending the five top scoring firms. Staff selected firms of varying sizes (small, medium, and large firms) as development projects come in a variety of sizes. In addition, some ferns can complete environmental documents in-house while others utilize sub -consultants. The selected firms have a diversity of size and range of expertise allowing applicants to select the most appropriate firm depending on the type of development proposed. The selected firms are: GPA, Psomas, Rincon Consultants Inc, Terry A. Hayes Associates (TAHA), and Ultra Systems Environmental. Staff recommends City Council adoption of a prequalification list with these five firms to provide environmental consulting services for private development projects in the city. https://destinyhosted.com/print_ag_memo.cfm?seq=663&rev_num=0&mode=Extemal&reloaded=true&id=93762 2/3 11/16/2020 Print Staff Report REVISION TO CITY PROCEDURES TO IMPLEMENT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), In 2016 the City Council adopted Procedures to Implement the CEQA and CEQA Guidelines. That process used the prequalified list as the firms that staff asked to submit cost proposals for preparation of environmental documents under contract to the City. That process saved several weeks to a few months of processing time because staff did not need circulate a full Request for Proposals to determine the firms' credentials. Under the existing process, prequalified firms submitted cost proposals only. After working with the process for the past few years, staff is proposing further streamlining while still having an environmental review that is thorough and rigorous. Once the list of prequalified firms is adopted, an applicant can contract directly with the consultant thus removing staff from contract administration. This step will save applicants both time and money. Planning staff would still be integrally involved in the environmental review process and the final document would still be the City's environmental document. Specific changes to the procedures include the following; 1. Elimination of the requirement for a Request for Proposal (RFP) by the City, 2. Elimination of the requirement for the applicant to submit a check and for the City to contract with the consultant, 3. Addition of procedures to ensure the City directs the preparation of the environmental analysis, 4. Requirement for applicant and consultant to comply with the Procedures; and 5. Preparation of administrative guidelines regarding the specific steps and procedures to be followed. The Procedures to Implement CEQA are adopted by resolution. Staff has prepared a resolution attached (Attachment No. 1) that further details the process. OPTIONS: Reject proposals and direct staff to send out another RFQ. This would take time and staff would therefore continue release Request for Proposals for development proposals to the current list of consultants. Prepared by: Jeff Anderson, Community Development Director Fiscal Impact FISCAL IMPACT: There would be no fiscal impact to the City. All costs would be paid by the appilcant of a project. Attachments Attachment 1 - Reso 2020-14 (CEQA Procedures) Attachment 2 - Prequalified CEQA Consultants CITY Enhance the City Image and Effectiveness COUNCIL Engage in Proactive Economic Development GOALS & OBJECTIVES: https://destinyhosted.com/print_ag_memozfm?seq=663&rev_num=0&mode=Extemal&reloaded=true&id=93762 3/3 ATTACHMENT NO.1 RESOLUTION NO.2020-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA ADOPTING PROCEDURES NECESSARY TO IMPLEMENT THE CALIFIORNIA ENVIRONMNETAL QUALITY ACT (CEQA) AND THE CEQA GUIDELINES BY INCORPORATING THE CEQA GUIDELINES INTO THE OPERATIONS OF THE CITY OF WEST COVINA AND REPEALING RESOLUTION NO.2016-26 WIIEREAS, on May 2, 2000 the City Council adopted City Council Resolution No. 2000 35 that adopted procedures for the implementation of the California Environmental Quality Act; WHEREAS, on April 5, 2016 the City Council adopted City Council Resolution No. 2016- 26 revising the City's procedures for the implementation of the California Environmental Quality Act; NOW THEREFORE, The City Council of the City of West Covina does resolve as foIlows: Sectionl. RenealofResolutionNo.2016-26 The procedures for implementation of the California Environmental Quality Act adopted by Resolution No. 2016-26 are repealed in their entirety and replaced with the procedures set forth herein. Section2. Authority These procedures are adopted to implement the California Environmental Quality Act ("CEQA'), Public Resources Code Section 21000 et seq., and the State CEQA Guidelines ("State Guidelines'), Title 14 California Administrative Code Section 15000 et seq., pursuant to State Guidelines Section 15022 (d). Section3. Incorporation of State Guidelines by Reference The City Council hereby incorporates the State Guidelines, as they now exist or may be amended hereafter, by this reference as though fully set forth herein. The procedures established by this resolution implement and tailor the general provisions of the State Guidelines to the specific operations of the City of West Covina. This resolution is not intended to replace the State Guidelines. If any section of this resolution is in conflict with or contrary to any provisions of the State Guidelines as they now exist or may be amended hereafter, the State Guidelines shalt control Section4. Delegation of Responsibility to the ConmxuftY Development Director C:\Windows\TEM P\BCL Technologles\ewyPDF7\@BCL@70119003\@BCL@70119003.doc The Community Development Director shall be responsible for the following CEQA functions to the extent permitted by law: (a) Determining whether a proposal constitutes a `project" as defined in Section 15378 of the State Guidelines; (b) Determining whether a project is exempt; (c) Preparing or directing the preparation of an Initial Study and deciding whether to prepare a Negative Declaration, Mitigated Negative Declaration or Environmental Impact Report (EfR); (d) Preparing or directing the preparation of a Negative Declaration, Mitigated Negative Declaration or EIR; (e) Determining that a Negative Declaration has been completed within a period of 105 days or an EIR within a period of one year from the date an application has been accepted as complete; (f) Preparing or directing the preparation of responses to comments on environmental notices and documents; (g) Filing or directing the filing of notices required or authorized by the National Environmental Protection Act ('NEPA'), CEQA, the State Guidelines, or as otherwise required by law; (h) Consulting with and obtaining comments from other public agencies and the public as required by CEQA; (i) Assuring adequate opportunity and time for public review and commentary as required by CEQA; and (j) Developing procedures for monitoring, reporting and enforcing mitigation conditions. Section5. Procedures for Contracting for the Preparation of Environmental Repots and Studies Required by the State Guidelines The following procedures shall be used for the selection of environmental consulting firms to prepare those Initial Studies, Negative Declarations, Mitigated Negative Declarations, and EMs (collectively, "Environmental Reports') as may be required by CEQA. (a) Consultant Selection. The City shall select and maintain a resource list of qualified environmental consulting firms to prepare the environmental review and analysis. The resource list should be compiled based on qualifications submitted by individual firms as part of a Request for Qualifications. (b) The applicant may only use a fret listed on the qualified environmental consulting firms list to prepare the environmental review and analysis for a project. (c) Reports. Environmental review and analysis shall be prepared by a qualified consultant under the supervision and direction of the City as specified in the Delegation of Responsibility to the Community Development Director in Section 4 above. Following a determination that some type of Environmental Report is required by the City, the applicant may contract with one of the consultants on the list selected by the City to prepare an appropriate technical report. Upon selection the applicant and consultant shall sign the policy document that they understand these procedures. C:\Windows\TEMP\BCL Technolcgies\ewyPDF7\@BCL@701190o3\@BCL@701190o3.doc (d) Costs. Cost associated with the preparation, printing, and distribution of Environmental Reports and addenda and supplements for projects shall be bome by the applicant. The applicant shall also be required to pay the actual time and materials cost incurred by the City for the additional staff time required to administrate the preparation of the document at the hourly rate adopted in the City's Fee Schedule. This cost will be in addition to processing the development application for which the Environmental Reports is being prepared. (e) Selection of Consultant. An applicant ]mist select a prequalified consultant listed on Attachment 2 and notify the City. The selected consultant shall schedule a kickoff meeting with City staff, which the applicant may attend. The following items shall be discussed at the kickoff meeting: • Completion of the Initial Study Checklist, • The project description, project goals and objectives, • Potential types of technical studies to be conducted, • The environmental baseline • The thresholds of review During the preparation of the relevant environmental documents, the consultant is allowed free access to the applicant, provided that the Community Development Director is notified ahead of time of any meeting between the applicant and the consultant, and that no meeting be hell without Planning stairs prior knowledge and consent. For instance, it may be advisable that the applicant review and comment on the draft project description for accuracy and to ensure no project components are excluded. All information shall be provided concurrently to City staff and the applicant. The City shall be copied on all email correspondence to and from the applicant related to the environmental review process. City staff shall agree to all the following before preparation of any environmental documents: 1. The project description, 2. Project goals and objectives, 3. The types of technical studies, 4. The appropriate environmental baseline, and 5. Thresholds of review. (1) Review of Draft and Final Documents. When the consultant completes draft documents, the City and the applicant shall both receive copies. The consultant shall work with the City to develop all mitigation measures. Any revisions requested by the applicant shall be approved by the City. The selected consultant shall attend all public hearings. (g) Submittal of Documents to Recorders Office. All documents required to be filed with the County Recorders office shall be the prepared, submitted and paid for by the consultant including, but not lanited to, the NOP, NOE, NOD, and De Minimis finding. (h) Compliance with Procedures. Selected consultants shall comply with these procedures. Noncompliance with the procedures will be cause to remove the consultant from the list of qualified environmental consulting firms. C:\Windows\TEMP\BCL Technolcgies\ewyPDF7\@BCL@70119003\@BCL@70119003.doc (i) Within thirty (30) days of adoption of this resolution, the Community Development Director shall prepare administrative guidelines for the consultant and appficant. The consultant and applicant shall sign the administrative policy document that they understand the procedures. Section6. Severability If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this resolution, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any coot of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this resolution or its application to other persons. The City Council hereby declares that it would have adopted this resolution and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional Section7. City Discretion For large projects that night entail the preparation of an EIR, the City, at its sole discretion, may use other methods in the selection of a consultant. The absence of any of the above noted data from the resource list, or the choosing of an alternative qualified consultant not on the resource list to prepare an Environmental Report or other technical document, shall not invalidate the consultant selection. FINALLY RESOLVED, the City Clerk shall certdy to the passage of this resolution. APPROVED AND ADOPTED on this 3rd day of March 2020. Tony Wu Mayor APPROVED AS TO FORM ATTEST Thomas P. Duarte Lisa Sherrick Assistant City Clerk C:\Windows\TEM P\BCL Technologles\ewyPDF7\@BCL@70119003\@BCL@70119003.doc I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2020-14 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 31 day of March, 2020, by the following vote of the City Council - AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk C:\Windows\TEMP\BCLTechnol4\ewyPDF7\@BCL@70119003\@BCL@70119003.doc ATTACHMENT NO.2 CITY OF WEST COVINA PREQUALIFIED CEQA CONSULTANTS (Valid through April 1, 2023) GPA Consulting PSOMAS Rincon Consultants, Inc. Terry A. Hayes Associates (TAHA) Ultra Systems Environmental