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HomeMy WebLinkAboutAgenda Bill 3F 06/21/2010�ALU R 'Y �85$ DATE: June 21, 2010 Qw� FROM Honorable Chair and Members of the Petaluma Community Development Commission through Executive Director Vincent Marengo; Director of Public Works SUBJECT: PCDC Resolution Approving the Project Budget and Authorizing the Executive Director to Execute a Professional Services Agreement for the Brownfields Cleanup Revolving Loan Fund with Qualified Environmental Professional ECON, Inc. RECOMMENDATION: It is recommended that the Commission adopt the attached PCDC resolution approving the project budget and authorizing the Executive Director to execute a Professional Services Agreement for the Brownfields Cleanup Revolving Loan Fund (RLF) with qualified environmental professional ECON, Inc. BACKGROUND: In October 2008, $1 million of Environmental Protection Agency federal funds for the cleanup of environmentally impacted sites within the Central Business District (CBD) and the Petaluma Community Development (PCD) Project Area was obligated to the PCDC, and in June 2009, the Brownfields Program Documents were approved by the Commission. Staff has issued a Request for Proposals for a consultant to perform the required site cleanup oversight and other community notification activities, and has selected the proposer most qualified. DISCUSSION: A "brownfield" is defined as an abandoned or underutilized property where expansion or redevelopment is complicated by either real or perceived environmental contamination. The EPA Brownfield Cleanup Revolving Loan Fund grant assists public agencies with capitalizing a revolving loan fund to perform environmental cleanup activities on a site, prior to construction or expansion activities. The EPA's Revolving Loan Fund Terms and Conditions, General Cooperative Agreement Administrative Requirements, section C.1., states, "The Cooperative Agreement Recipient (CAR) [City of Petaluma] must acquire the services of a qualified environmental professional to Agenda Revie Dept. Director City Attorney Finance Director City Ma coordinate, direct and oversee the brownfields cleanup activities at a particular site, if they do, not have such a professional on staff. The CAR may not use the same environmental professional as the borrower or subgrantee for any given site." The City does not employ staff with the technical qualifications necessary to perform the cleanup activities and, therefore, must contract with a firm to comply with the grant Terms and Conditions. Department of Public Works staff prepared and circulated the Request for Proposals for the program. Two responses were received: from Environmental Resolutions, Inc. located in Petaluma, and ECON, Inc. located in Sebastopol. Although both firms are technically qualified to perform the oversight work, staff found ECON's proposal to be more responsive to the Brownfields Cleanup Revolving Loan Fund program requirements for community outreach, re- use planning, public agency experience and EPA Brownfields grant experience. The qualified environmental professional's scope of work includes community outreach activities to promote the Revolving Loan Fund program and technical activities to evaluate and adjust a proposed property cleanup plan, perform oversight of all cleanup construction activities, initiate all required reporting and notification activities, and confirm completion of the environmental cleanup. Because the participating properties are not known until an owner initiates a loan request with the PCDC, the Request for Proposals asked that proposers submit a schedule of hourly rates. Once a property is identified and ECON reviews the owner's initial cleanup plan, ECON will submit an estimate of costs for the technical oversight. Staff has included a not -to -exceed amount for this consultant work as part of the overall Revolving Loan Fund project budget. With ECON's assistance, staff expects to develop and implement the community outreach plan to promote the Revolving Loan Fund program. It is not known at this time how many properties will participate in the program. Staff estimated that an allocation of $50,000 from the approved match funds of $200,000 will be adequate to support the FYI 0-11 activities. If many property owners are interested in the program, staff may request from Council a mid -year adjustment for additional funds from the approved matching funds. Additionally, it should be noted that the PCDC has the option to operate the RLF locally after the grant closing date of October 31, 2013. FINANCIAL, IMPACTS: The! EPA awarded $1 million to the PCDC to .loan to eligible property owners. $27,500 of the award (of which a portion has already been accessed) can and will be used for project -eligible expenses, such as program development, reporting and promotion. The City was also required, as part of the Terms and Conditions, to provide a $200,000 match for other project activities, such as contracting a qualified environmental professional to perform cleanup oversight on behalf of the City and confirm that site activities are performed to EPA guidelines. These funds will be provided by the PCDC. Commitment of the grant match was authorized by Resolutions 2008-03 and 2008-078. The Revolving Loan Fund grant is a five year EPA program of which the first twenty months were spent on program development and consultant contracting. The consultant will be used on an as -needed basis for the remaining three years of the program. The consultant will be paid at the agreed -upon hourly rates in the professional services agreement for 2 each individual task required on the oversight of any participating site. The agreed not -to -exceed amount is expected to cover the maximum use of the consultant for the next three years. $50,000 of the $200,000 match provided by PCDC is budgeted for FY 10/11 for expected consultant and staff expenses. If interest in the RLF exceeds expectations, an additional portion of the approved $200,000 total match can be budgeted in a mid -year adjustment. Total Potential Cost of RLF Program: Amount Budgeted for Program: PSA Not -to -Exceed Amount Name of Account: Account Number: Current Balance: ATTACHMENTS $227,500 (PCDC funds of $200,000) $227,500 $122,500 Brownfields RLF rdal00265 $212,525 1. Resolution, including Exhibit A to Resolution, PSA Scope of Work 2. Resolutions 2008-03 and 2008-078 ATTACHMENT 1 PETALUMA COMMUNITY DEVELOPMENT COMMISSION RESOLUTION APPROVING THE PROJECT BUDGET AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT.FOR THE BROWNFIELDS CLEANUP REVOLVING LOAN FUND WITH QUALIFIED ENVIRONMENTAL PROFESSIONAL ECON, INC. WHEREAS, the Brownfields Cleanup Revolving Loan Fund Program (RLF) has been authorized and funded by the federal government through the Environmental Protection Agency (EPA); and WHEREAS, the EPA has established procedures for administration of local RLF programs; and WHEREAS, the Petaluma Community Development Commission (PCDC) has entered into a cooperative agreement with the EPA to administer a local RLF; and WHEREAS, pursuant to EPA requirements, RLF Program Documents for the PCDC- administered RLF were prepared by PCDC and City staff, have been reviewed for adequacy by PCDC staff, the PCDC Executive Director and involved City of Petaluma management and staff, and approved by the Commission; and WHEREAS, City staff has prepared Request for Proposal documents and advertised :for a Qualified Environmental Professional to participate on this Project; and WHEREAS, the proposals were received on March 25, 2010, and two (2) .proposals were received and opened in accordance with applicable law; and WHEREAS, based on review of the proposals and qualifications, staff determined that the most responsive proposal for the Project'was that of ECON, Inc.; and M WHEREAS, staff has verified that ECON, Inc. possesses the knowledge and experience that qualifies ECON, Inc. to perform the Project; and NOW, THEREFORE, BE IT RESOLVED that the Petaluma Community Development Commission hereby: 1. Approves the project budget of $227,500. 2. Authorizes the Executive Director to execute with ECON, Inc., an agreement not to exceed $122,500 over the next three years, which substantially conforms to the PCDC's standard Professional Services Agreement and includes the scope of work and rates as set forth in the attached Exhibit A, for provision of qualified environmental professional duties on an as -needed basis for the Brownfields Cleanup Revolving Loan Fund Program. 5 EXHIBIT A TO RESOLUTION REVOLVING LOAN FUND SCOPE OF WORK/TASKS Task A: Site Specific Oversight Assist with the technical review and feasibility evaluation of property owner applications submitted to the RLF program. Provide oversight and perform tasks associated with the plan as required by the regulatory agency and in accordance with applicable sections of USEPA's FY09 Guidelines for Brownfields Cleanup Grants. Coordinate technical documentation and activities with RLF borrowers, their environmental consultant(s), jurisdictional regulatory agencies, and EPA for review, preparation or revision of ABCAs, QAPPs, SAPS and HSPs QEP will review and/or prepare: A complete Analysis of Brownfields Cleanup Alternatives (ABCA) including: • Background site Wormation • Known.extent and characteristics of contamination _ • Potential exposure pathways and sensitive receptors • Identification of contaminant source(s) • Established or proposed cleanup standards, applicable regulations and laws • Alternative approaches considered • Detailed description of the preferred cleanup approach • Effectiveness, implementability, detailed cost and time duration of the proposed cleanup. A complete Quality ,Assurance Project Plan (QAPP) with the input and approval of the Quality Assurance Office of IJSEPA Region 9 including: • Project Management -Approach, Tracking and Records • Data Generation and Acquisition -Purpose and Methods • Assessment and Oversight = Scope, Protocol and Documentation • Data Validation and Usability - Quality Control Complete Sampling and Analysis Plans (SAPS) that incorporate and reference approved QAPP methodology and protocol, including: • Site -specific sampling;and analysis overview • Background site information relevant to sampling plan ■ Clearly stated project data quality objectives (DQOs) ■ Sampling and laboratory analysis rationale • Field methods and procedures ■ Quality control procedures Complete, -Health and Safety Plans (HSP) for each site including: ■ Easy access to emergency response contacts and procedures • Stated purpose of the HSP ■ Identification of known site hazards • . Risk control practices, and • Site safety meeting rosters workplan Brownfields Assessment Grant page 1 0 Provide Project Management: Meet with. the City'.s, RLF team and review program goals, schedule, opportunities and constraints. Supporting the program goals, the team members will review each of our roles, responsibilities, communication pathways, preferences, availabilities and document management protocols. Meet with the City's RLF team on a regular basis (minimum one meeting per month) to review schedule/progress, task action status, budget and administration. In addition, there will be many other meetings specific to completing tasks such as during site, prioritization and selection; property owner meetings, outreach planning and implementation, EPA visits, program presentations or public^meetings, site visits', etc. Develop an at-a=glance 'QEP progress report format that include Site Review Status (ABCA framework), Summary of Current Activities (updates by .relevant,.task), Summary of Work Planned (QAPP, FSP, HSP, etc); Fiscal Management (Reporting Period Expenses, Budget Recap Summary). Maintain technical and correspondence records associated with services, rendered for each site. Maps and data sets, as possible, will be .georeferenced into the. ''GIS system and the data catalogued. Prepare written responses to comments from project stakeholders and the public as needed and maintain records of the questions asked, the date and format of inquiry, and the date and content of the response. Develop an at -a -glance quarterly report format with input from.the EPA and the City RLF Team that will be consistentfor the entire term of the borrowerengagement. Prepare Quarterly Reports and submit to the EPA. Prepare and submit Final Activities Report to the EPA. Projected Budget: Site Specific Oversight: $72,000.00 Project Management: $22,150.00 TOTAL TASK A: $94,150.00 Deliverables: ABCA, QAPP(s), SAP(s), HSP(s), QEP Progress Reports, Quarterly Reports, Final Activities Summary Report. Task B: Conduct _Marketing and Outreach Activities: Phase One (Launch) Introduce the program via:a variety of communications channels in Spanish and English. endeavoring to engage all interested and affected parties. The outreach channels are likelyao include but not necessarily be liiniied to: • Postal and email invitations/notifications to property owners, stakeholders • Public meeting, including Spanish - trans] ation • Media publicity, both commercial and community; -access media • Publicitythrough Petaluma -specific social networks • Website updates, possibly including video, new case studies, and email sign-up and/or polling (the City's Uservoice system, for example) 7 Update pre-existing materials or developing original materials; finalize the marketing plan, refine the budget for outreach, and pilot methods for site -specific outreach and other activities through the contract Period. Phase Two Facilitate periodic update meetings and smaller presentations or conferences as appropriate for specialized stakeholder groups. Work closely with staff; building on the activities; methods, and materials developed during Phase One and refining the schedule of outreach activities as needed. Provide quarterly updates to the City website, coordinate semiannual public meetings, and prepare press releases. Specific input wiWbe solicited from the various types of stakeholders listed above by attending their meetings at opportune'times for input. Projected Budget: Phase One (Launch): $14,300;00 Phase Two: $14,050.00 TOTAL TASK B: $28,350.00 Deliverables: Meeting attendance lists and Agendas, Program Handouts, Updates to'Website. 3 g .. J ., i ATTACHMENT 2 RESOLUTION NO. 2008-03 PETALU'MA COMMUNITY DEVELOPMENT COMMISSION RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO SIGN FEDERAL APPLICATION FORMS AND AGREEMENTS AND CONSENTING TO THE USE OF $200,000 IN PETALUMA COMMUNITY DEVELOPMENT TAX INCREMENT FUNDS. FOR THE ENVIRONMENTAL PROTECTION. AGENCY BROWNFIELDS REVOLVING LOAN FUND (RLF), AND MAKING' FI"NDINGS REQUIRED BY HEALTH & SAFETY CODE. SECTION 33445 WHEREAS, the Legislature of the United States of,America, federal government has provided funds for the program shown above; and. WHEREAS, the Environmental Protection Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and, WHEREAS, the Petaluma Community Development Commission (PCDC) has been selected and will enter into a cooperative agreement with the Environmental Protection Agency to administer the Revolving Loan Fund, and, WHEREAS, the City Council of the City of Petaluma adopted the Redevelopment Plan for the Central Business District Project Area (CBD) in 1976 and the Redevelopment Plan for the Petaluma Community Development Project Area (PCD) in 1988 ("Redevelopment Plans") and fiscally merged the Redevelopment Plans in.2006: and, WHEREAS, the Redevelopment Plans set forth plans for redevelopment of the CBD and PCD Project Areas ("Project Areas"); and, WHEREAS, the PCDC is responsible for administering the Redevelopment Plans to cause the redevelopment of.ihe Project Areas, including installation of public improvements consistent with'the Redevelopment Plans; and, WHEREAS, it would be beneficial to the alleviation of blight in the Project Areas to make the following public improvements ("Public Improvements"): remediate hazardous substances, pollution and contamination; and, PCDC Resolution 2008-03 Page 1 N WHEREAS, the expenditure of tax increment funds will benefit the Project Areas and help to eliminate blight as outlined in the Five Year Implementation Plan adopted by the PCDC in June 2007, and as documented in the Report -to Council on the Plan Amendment and Fiscal Merger, accepted by the PCDC in 2006 ("2006 Report"), because the Public Improvements will remove hazardous substances, pollution and contamination in the Project Area, and are therefore of benefit to the Project Area and the immediate neighborhood in which the Project Area is located; and, WHEREAS; the Central Business District and Petaluma Community Development Project Areas are essential to establishing commercial services and residential opportunities in an effort to maintain growth inside the Urban Growth Boundary; and, WHEREAS, the Public Improvements not only eliminate physical blighting conditions but also promote economic development opportunities, and facilitate private investment in the CBD and PCD Project Areas by encouraging other private investment in the area, thereby leading to further blight alleviation; and, WHEREAS, the PCDC and City explored potential funding sources other than redevelopment for each project as outlined in Chapter IV of the 2006 Report; and, WHEREAS, anticipated funding sources for the Public Improvements include $1,000,000 of Federal Brownfields Assessment and Cleanup funding, which will pay a portion of the total project cost, and PCDC and City. staff are aware of no other source of funds reasonably available to pay the remainder of the cost of the Public Improvements other than City general fund revenues which are committed for the provision of essential services; and, WHEREAS, use of tax increment funding for the Public Improvements is consistent with the PCDC Five Year Implementation Non adopted earlier this year, which specifically includes the allocation of tax increment funds for these particular Public Improvements during the FY2007/08 - FY2011/12 period; and, WHEREAS, installation of the Public Improvements conforms with the General Plan of the City; and, PCDC Resolution 2008-03 Page 2 10 WHEREAS, the'PCDC expenditures for the Public Improvements will assist in the redevelopment of the Project Areas and the Public Improvements are necessary to effectuate the purpose of the Redevelopment Plans; and, WHEREAS, pursuant to Health and Safety Code Section 33445, the PCDC may, with the consent of the City Council, pay part or all of the cost of the Public Improvements if the City Council makes certain.specified findings. NOW, THEREFORE, BE IT RESOLVED that the Petaluma Community Development Commission hereby: l . Approves the Executive Director to sign applications and agreements for federal funds for the Revolving Loan Fund (RLF) Grant with the Environmental Protection Agency. 2. Appoints the Executive Director/City Manager, or designee as agent, to conduct all negotiations, execute and submit all documents to contract with a competitively selected consultant to prepare,the required documents which may be necessary for administration. of the Revolving loan Fund. 3. Directs staff to proceed with the application and workplan'as described. 4. Adopts the findings stated herein as true and correct and as the findings of the City Council. 5. Finds that (i) the expenditure of tax increment funds to undertake the Public Improvements and the Project as set forth, in this Resolution and the Implementation Plan will be of benefit to the CBD and PCD Project Areas; (ii) no other reasonable means,of financing the Public Improvements and the Projects is reasonably available; (iii) completion of the Public Improvements and the Projects will assist in ,the elimination of blighting conditions in the Project Areas: and (iv) completion of the Public Improvements and the Projects is consistent with the Implementation Plan adopted for the CBD and PCD Project Areas. PCDC Resolution 2008-03 Page 3 11 6. Consents to the use of $200,000 in PCDC tax increment funds for the Public Improvements described herein. ADOPTED this 19rh day of May, 2008, by the following vote: C6rn:rnI§s1oner I Aye I No . I Absent I Abstain Barrett I X Freitas I X Harris I X Nou I X O'Brien I X Vice Chair Rabbitt I X Chair Torliatt I X Pa4)elo Torliali "C-Kair ATTEST: APPROVE O FORM: Deborah L. Padovan, Recording Secretary Eric Danly, CG,eKeral Counsel PCDC Resolution 2008-03 Page 4 12 i Resolution No. 2008-078 N.C.S. of the City of.Petaluma, California A RESOLUTION OF -THE PETALUMA CITY COUNCIL CONSENTING TO THE USE OF $200,000 OF TAX; INCREMENT FUNDS IN THE CENTRAL.BUSINFSS DISTRICT AND/OR PETALUMA COMMUNITY DEVELOPMENT PROJECT AREAS AND ADOPTING FINDINGS.REQUIRED BY HEALTH AND SAFETY CODE SECTION 33445 FOR THE ENVIRONMENTAL PROTECTION AGENCY BROWNFIELDS REVOLVING LOAN FUND (RLF) WHEREAS, in June,.200,7, the Petaluma Community Development Commission ("Agency") held a public hearing and 'adopted the Five Year Implementation Plan ("Implementation Plan") for the.Cen'tral Business District Project Area ('`CBD") and the Petaluma Community Development Area ("PCD") (collectively, the "Project Areas") in furtherance of the Citv's adopted' Redevelopment Plans for the CBD and PCD; and; WHEREAS, the Implementation Plan provides for the use of $2004000 in tax increment funds for the purpose of fundmg;the remediation of hazardous substances, pollution and contamination as more particularly described in the Implementation Plan (collectively, "Public Improvements") within the Project Areas; and, WHEREAS,,, completion of the Public Improvements will eliminate blighting conditions in the Project Areas because the pfesent contaminated condition of a site or structure prevents redevelopment or rehabilitation; impairs the environment and disallows public or private use, thereby continuing hazardous conditions and blight; and, WHEREAS, Agency, and City staff have explored potential funding,sources and are aware of no other source of funds reasonably available to undertake the Public Improvements, _. other than City general fund revenues which are committed for the provision of essential services; and, WHEREAS, California Health and Safety Code Section 33445'provides that a redevelopment agency may, with the,consent of the legislative body; pay forthe cost of the construction of improvements which are publicly owned if the legislative body determines all of the following: 1. That the improvements are of benefit to the project area or the immediate neighborhood yin which the'project.is located. 2. That no other reasonable means -of financing the improvements is available to the community. 3. That the payment of funds for the cost of the improvements will assist in the elimination of one or more blighting conditions inside the project area, and will be consistent with the implementation plan adopted by the redevelopment agency. Resolution No 2008-078 N.C.S Page I 13 NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council hereby: 1. Adopts the findings stated above as true, correct and as its findings and, 2. Based upon the foregoing, finds that (i) the expenditure of tax•increment funds to undertake the Public Improvements as set forth in this Resolution and the Implementation Plan will be of benefit to the Project Areas, (ii) no other reasonable means of financing the Public Improvements is reasonably. available, .(iii) completion of the Public Improvements will eliminate blighting conditions in the Project Areas; and (iv) completion.of the Public Improvements_is consistent with the Implementation Plan adopted for the Project Areas; and, 3. Consents to the expenditure of tax increment funds in the amount of $200,000 for the purpose of completing the Public Improvements. . Under the power and authority conferred upon this Council by the Charter ofsaid City. REFERENCE: I hereby certify the foregoing Resolution was introduced, and adopted by the , App o, d as to Council of th6City of Petaluma at a Regular meeting on the 19'" day of May; 2008, / farm. by the following vote: L City tomey ANTES: Barrett, Frenas, Harris. Nau, O'Brien. Vice Mayor Rabbitt. Mayor Torliatt NOES: None ASSENT: None ABSTAIN: None / _ ATTEST: Deputy City Clerk Mtfyor �, ` v Resolution No. 2008-078 N.C.S. Page 2 14