HomeMy WebLinkAboutAgenda Bill 3F 06/21/2010`~' A L U~
R 'Y
X858
~l~ Itevrv #3. ~
DATE: June 21, 2010
TO: Honorable Chair and Members of the Petaluma Community Development
Commission through Executive Director
FROM: 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 C>ctober 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 Revi
Dept. Director V" ~ 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
Brownlields 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 anot-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 FY10-11 activities. If many property
owners are interested in the program, staff may request from Council amid-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:
They 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 1.0/11 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:
$227,500 (PCDC funds of $200,000)
$227,500
$122,500
Brownfields RLF
rda100265
$212,525
ATTACHMENTS
1. Resolution, including Exhibit A to Resolution, PSA Scope of Work
2. Resolutions 2008-03 and 2008-078
ATTAC~I~IIIE@~IT 1
PETAL>(_1MA 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
4
WHEREAS, staff has verified that ECON; Inc. possesses the knowledge and
experience that qualifies ECON, Inc. to perform the Project; and
1~1®W, 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
":
~XI9~BT A T® RES®LlD~9:0~
REVOLVING LOAN FUND SCOPE OF WORK/TASKS
Task A: Site Specific Oversight
Assist with the technical review anal fea§ibility evaluation of property owner applications
submitted to the RLF program. Provide-oversight and perform tasks associated with the plan as
required by the regulatoory agency and in accordance with applicable sections of'USEPA's FY09
Guidelines for BrownYields .Cleanup Giants. Coordinate technical documentation and activities
with RLF borrowers, their environmental consultant(s), jurisdictional regulatory agencies, and
EPA for review, prepara(ion of revision of ABCAs, QAPPs, SAPS and HSPs
QEP will-review and/or prepare:
A complete Analysis of Brownfields Cleanup Alternatives (ABCA}including:
Backgrowcl-.site urfornration
° Known.extent and characterisrtics of contamination _
° PotentiaLexposure pathways and sensitive receptors
° Identificagon of contaminant. sources}
° Established or proposed cleanup standards, applicable regulations and laws
° Alternatide approaches.considered
° .Detailed description of the preferred cleanup approach
° Effectiveness, implementability, detailed cost and Ume duration of the proposed cleanup.
A complete Quality ,Assurance Project Plan (QAPP) with the input and approval of the
Quality Assurance Office of IJSF,PA 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 satnpling;and analysis overview
° Background site information relevant to sampling plan
^ Clearly stated project flats quality objectives (llQOs)
^ 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 oC-the 1-1SP
^ Identification of known site hazards
° . Risk control,pracuces, and
° Site safetymeeting rosters
W"orkplan Brownfields Assessment Grant
page 1
6
Provide Project Management:
Meet w~ih~. the City's. RLF te<~m 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, availabilitesand document management
protocols: Meet witfi the~~City's RL,F learn on aregular basis ;(niitunium Inc 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 implerrtentation, EPA visits. program
preseiitations orpulilic^meetings, site visits', etc.
Develop an at-a-glance 'QEP progress report format that include Site. t2eview Status (ABCA
framework), SumntaTy of Current F.ctivities (updates 6y :relevant,.task), Summary of Work Planned
(QAPP; FSP, HSP, etc); Fiscal Management (Reporting Period Expenses, Budget Recap Summary).
Maintain Cechnica] .and correspondence records associated with seryiczs; 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 fromthe EPA and the City RLF Team
that will be consistent:forthe entire term of the bori`owet~engage"ment:`Prepare Quarferly lZeports
and subnut to the EPA. Prepare and subnut Final Activities Re~crrt to the EPA.
Projected Budget: Bile 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; Fina] Activities Summary Report.
Task B: Conduct_Marketingaad Outreach Activities:
Phase One (Launch)
Introduce the•progranrvia;a variety of conununications channels in Spanish: and English, endeavoring to
engage all interested and affected,parties. The outreach channels are likely;to include but not. necessarily
be'liinited?to:
• Postal and email invi[ations/noti6cationsYb property owners, stakeholders '
• Public meeting, including Spanishtranslation
• Media publicity, both,commercialwrd community;-access media
• Publicityttuough Petaluma-specific social networks
• Website updates, possibly in`cluduig: video, new case studies, and email sign-up and/or polling (the
City's User.Uoiceaystem;.forexaniple)
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 smallerpresentations or conferencesas 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 do the City website, coordinate seniiannpal public meetings, and prepaze press
releases. 6pecificinput will'be-solicited from the various types of stakeholders listed above by attending
their meetings at.opportune'timesfor input.
Projected Budget: Phase One (Launch): $14,30Q;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
A~TAC~ NI ER~'~' 2
RESOLUTION NO. 2008-03
PETALU'MA COMMUNITY DEVELOPMENT COMMISSION
RESOLUTION AUTHORIZING THE EXEGUTIVE;DIRECTOR TO SIGN FEDERAL APPLICATION
FORMS AND AGREEMENTS.AND CONSENTING TO THE USE OF $200,000 IN PETALUMA
COMMUNITY DEVELOPMENT TAX {NCREMENi FUNDS,
FOR THE ENVIRONMENTA. L 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 gfaht program, establishing necessary procedures; and,
WHEREAS, the Petalumd Community De6elopmeht Commission (PCDC) has been
selected and will enter into a cooperative agreement with the Environmehtal Protection Agency
to administer the Revolving Loah Fund; and,
WHEREAS, the City Covhcit df the City df Petaluma adopted the Redevelopment Plan for
the Central Business District Project Area (CBD) in 1976 and the Redevelopment Plan for the
Petaluma Commuhity Development Project Area (PCD) in 1.988 ("Redevelopment Plans") and
fiscally merged the Redeveldpmerit Plahs ih.2006; and,
WHEREAS, the Redevelopment Plans set fofth 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
fheredevelopment of'.ihe Projecf Areas, including installation of public"improvements consistent
with'the Redevelopment Plans; and,
WHEREAS, it would be beneficial 1o the allevidtipn of blight in the Project Areas to make
the following public improvemenjs ("Public Improvements"): remediafe hazardous substances,
pollution and contamination; and,
PCDC Resolution 2008-03 Page 1
9
WHEREAS; the expenditure of tax increment funds will benefit the Projecl Areas and help
to eliminate blight as dullined in the Five Yeas tmplemenidtion Pfon adopted by the PCDC in
June 2007, and asdocumenied in the Repprt•to Council qn The Plan Amendment and Fiscal
Merger, accepted by the PCDC in 2006 ("2006 Report"~, becdvse the Public Improvements will
remove hazardous substances, pollution and conlomination, 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 Cehtrdl Busihess Dislrict 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 etiminafe physicdl 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 dnd City explored potehtidl funding sources other than
redevelopment for each project as outlined in Chapter IV of the 2006 Report; and,
WHEREAS, anticipated funding sources for the f ublic Improvements include $1,000,000 of
Federdl Brownfields Assessment and Cleanup funding, which will pay a portion of the total
project cost, and PCDC and Cityataff 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 Implemehtation Plan adopted earlier this year, which specifically includes the
allocation of tax increment-funds for These particular Public Improvements during the FY2007l08
- FY2011/I2 period; and,
1NHEREAS,;instdllation of the Public Improvements conforms with the General Plan of the
City; and,
PCDC Resolution 2008-03 Page 2
1~
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 dnd Safety Code Section 33445, the PCDC may, with the
consent of the City Council, pay part or atl of the cost of the Public Improvements if the City
Council makes certain specified findings.
NOW, THEREFORE, BE IT RESOLVED that the Petaluma Community Deyelopment
Commission hereby:
l . Approves the Executive Director to sign applications dnd agreements for federal
funds for the Revolving Loan Fund (RLF) Grant`with the Environmental Protection
' Agency.
' 2. Appoints the Executive Director/City Nlanoger, or designee as agent, to conduct
all~negotiatiohs, execute and submit all documents to conjFaetwith a
competitivelyselected consultant to prepare°the required documents which may
be necessdry for admnist~ation.of the Revdlving lban 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) jhe 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 arid PCD Project Areas; (ii) no
other reasondble means,of financing the Public. Improvements and the Projects is
reosonobly available; viii) completion ofihe Pu61ic Improvements and the
Projects will ossist in ,the elimindiion of blighting conditions in fne Project Areas:
i
and )iv) completjon of the Public Improvements and the Projects is consistent wish
ttie Implementation Plan adopted°for the CBD and PCD Project Areas.
PCDC Resolution 2008-03 Poge 3
11
6. ' Consents to the use of $200,000 in PCDC tax'incremenl funds for the Public
Improvements described herein.
ADOPTED this 19r^ day of May, 2008, by thefollowing vote:
Commi"ssioner Aye No . Absent Abstain
Barrett X
F~eitas X
HaRis X
Nau X'
O'Brien X
.Vice CFiairRabbitt X
Chair Torliatt X
~ j
I ~ %`
i ~ -
~ ~ Pa, ela Torfialt, G "air
ATTEST: ~ APPROVE O FORM:
~ t ~~
l / ~ i~
Deborah L. Padovan, Recording Secretary Eric Danly, etal Counsel
.PCDC Resolution 2008-03 Page 4
12
~,.,
f' "
.,. '
Resolution No. 2008-078 N.C.S.
of the City of.Petaluma, California.
A RESOLUTION QF-THE PETALUMA CITY COUNCIL
CONSENTING TQ THE USE qF $200,000 OF TAX, INCREMENT FUNDS IN THE
CENTRAL.BUSINESS DISTRICT AND/OR PETALUMA COMMUNITY
llEVELOPMENT PROJECT AREAS ANll ADOPTING FINDINGS.REQUIREll BY
HEALTH A1VD SAFETY CODE SECTION 33445 FOR THE' ENVIRONMENTAL
PROTECTION AGENCY BROWNFIELDS~REVOLVING LOAN FIIND (RLF)
WHEREAS, in June,:200,7, the'Petaluirta Community Development Commission
("Agency") held a public hearing and'adopfed the Five Year'Implenientation Plan
("Implemeniation,Plan") for the~Cen'tral Business. District Project Area ("CBD")'and the
Petaluma Community bevelopment Area (``PCD"){collectively, the "Project Areas") in
-furtherance of the City's adopted`Redevelopment Plans for the CBD and PCD and;
WHEREAS, the Implementation Plan provides for the use of.$200.000 in tax increment
funds for the purpose of funding~the cemediation of hazardous substance"s', pollution and
contamination as more particularly described in the Implementation Plan (collectively, "Public
Improvements") within the Project Areas; and,
WHEREAS,,:comple[ion of tbe'Public Improvements,will. eliminate blighting conditions
in the Projec[ Areas because the'present contaminated condition' of a site or structure prevents
redevelopment or rehabilitation;•fmpairs the environment and disallows public or private use,
thereby continuing hazardous conditions. and blight; and,
WHEREAS, flgency,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 reventaes which are committed for the provision of essential
services; and,
WHEREAS„Calii'omia Health and Safety Code Section 33445'provides that a
redevelopment agency may, with the~consent of theaegislative body; pay for4he cost of the.
construction of improvements which,are publicly owned if the legislative body determines all of
the following:
1. That [he improvements are of benefit to the project area or the immediate
neighborhood din which the'project.is located.
2,. That no otherreasonable means•offinancing 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 1
13
NOW, TNEREFOKE, BE IT RESOLVED that .the Petaluma City Council hereby:
I . 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 benefirto the.Project Areas, (ii) no other reasonable
means of financing the Public Improvements is seasonably. available; .(iii) completion
of the Public Improvemerits will eliminate blighting conditions in the Project Areas;
and (iv) completion:ofthc 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~con(erred upon this Council bythe ChartecoGsaidCiiv: ~//~
i
REFERENCE:
.. ~nl ~ ,
,L .
'AYES:
~NOF.S6
ABSENT:
ABSTAIN:
ATTEST:
I hereby eenify the foregoing Kesolution was'introduced,and adopted by the; f App'oved as to
Council of the:Gty of Petaluma at a Regularmeeting on the 19'"day of Iv1ay; 2008, / f'rm:
6y the lollowing vote: L
Cit}' tomey.
Barrett„f'reitas; Harris. Nau, O'Brien, Vice Mayor Rabbits, Mayor lprliatt
None
None
None ~~ / ~
Depup• City Clerk M yor \, .
Resolution No. 2008-078 N.C.S:
Page 2
14