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HomeMy WebLinkAboutItem 11b - Amendment to Environmental Justice Element Agreement DATE: May 2, 2023 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Lisa Flores, Deputy Development Services Director Fiona Graham, Planning Services Manager SUBJECT: RESOLUTION NO. 7490 AMENDING THE FISCAL YEAR 2022-23 OPERATING BUDGET AUTHORIZING AN APPROPRIATION TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH DUDEK TO COMPLETE A NEW ENVIRONMENTAL JUSTICE ELEMENT IN CONJUNCTION WITH THE SAFETY ELEMENT UPDATE IN THE AMOUNT OF $35,340 WITH A 10% CONTINGENCY, OFFSET BY A REDUCTION IN THE GENERAL FUND RESERVE IN THE AMOUNT OF $38,874, AND EXTENDING THE CONTRACT TERM TO JUNE 30, 2024 CEQA: Not a Project Recommendation: Adopt SUMMARY An amendment to an existing Professional Services Agreement (“PSA”) is necessary to prepare an Environmental Justice Element along with the Safety Element Update, as part of the overall General Plan Update project. A PSA was approved with Dudek on March 2, 2022, to update the City’s Safety Element to bring it into compliance with recent changes to State law. Other changes in State law are now requiring local governments to identify environmental justice communities (called “disadvantaged communities”) in their jurisdictions and address environmental justice in their General Plans. This must happen when two or more General Plan Elements are updated concurrently after January 1, 2018. Since the Housing Element was adopted in 2022 and the Safety Element Update is in progress, the Environmental Justice Element is required per State law. It is recommended that the City Council adopt Resolution No. 7490 (refer to Attachment No. 1) authorizing an appropriation to amend the Professional Services Agreement with Dudek to complete an Environmental Justice Element in conjunction with the Safety Element Update in the amount of $38,874, which includes a 10% contingency, offset by a reduction in the General Fund, and extending the contract term to June 30, 2024. Professional Services Agreement Amendment with Dudek May 2, 2023 Page 2 of 5 BACKGROUND On March 2, 2022, the City Council authorized a Professional Services Agreement (“PSA”) with Dudek to update the City’s Safety Element in the amount of $29,973.20. The Safety Element was last updated as part of the 2010 General Plan Update. The City is required to update its Safety Element upon the revision of the Housing Element, which the City Council approved on February 15, 2022. Additionally, Senate Bills (“SB”) 379 and 99 require the Safety Element be updated to address climate adaptation and resiliency strategies and identify evacuation routes for residential development in hazard areas. In 2016, the State of California passed SB 1000 requiring cities and counties to address environmental justice in their General Plans when two or more Elements are updated and when a local jurisdiction identifies one or more disadvantaged communities within its General Plan planning area. To determine this, the City used: 1) CalEnviroScreen to examine whether the planning area for the General Plan contains census tracts that have a combined score of 75% or higher (the scoring is based on environmental pollution, health measures, and socioeconomic information such as poverty and unemployment) and 2) a map of the household median incomes by census tract in the planning area at or below statewide median income along with disproportionate pollution burden. Based on this analysis, it was concluded that a portion of Census Tract 4325 falls within these parameters. Specifically, Census Tract 4325, in the southeastern corner of the City (see map on next page), falls within the low-income category with a CalEnviroScreen score greater than 75%. As a result, an Environmental Justice Element is required since the City recently approved the Housing Element Update in 2022 and is completing a Safety Element Update to its General Plan. The Environmental Justice Element is required to include a comprehensive set of goals and policies aimed at increasing participation of disadvantaged communities in the public decision-making process and reducing their exposure to environmental hazards. DISCUSSION An Environmental Justice Element must identify disadvantaged communities in the City and is required to incorporate objectives and policies to reduce the unique or compounded health risks in those disadvantaged communities, promote civic engagement in the public decision-making process, and prioritize improvements and programs that address the needs of the disadvantaged communities. A “disadvantaged community” is defined as “an area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation”. The City of Arcadia has one disadvantaged community as mapped on CalEnviroScreen, as shown in Census Tract 4325 below. That Professional Services Agreement Amendment with Dudek May 2, 2023 Page 3 of 5 area in the City is entirely zoned for light industrial uses; however, it contains two, legal- nonconforming residences with a total of 12 residents according to the 2020 Census. The remainder of Census Tract 4325 is within the City of El Monte and comprises a residential neighborhood (refer to Figure 1). SB 1000 does not take into account the number of residents when defining a disadvantaged community. The Census Tract itself is enough to trigger the “disadvantaged community” definition. Since Census Tract 4325 falls within this definition, and the CalEnviroScreen score was 90%, the City is required to prepare an Environmental Justice Element. Figure 1: Arcadia zoning and the boundary of census tract 4325 (orange line). The two, non- conforming houses are identified with yellow stars. The Environmental Justice Element will develop policy frameworks to address pollution burdens, health and equity initiatives, high poverty, high unemployment, and how to improve long-term community participation in disadvantaged (or “environmental justice”) communities. Per SB 1000, an Environmental Justice Element has eight primary topics of consideration: Professional Services Agreement Amendment with Dudek May 2, 2023 Page 4 of 5 • Pollution exposure including air quality, water quality, and land use compatibility • Public facilities • Food access • Safe and sanitary homes including housing location, quality, and affordability • Physical activity including accessibility to public transit, employment, and services • Additional unique or compounded health risks including climate vulnerability (i.e., high fire threat areas, sea level rise, high flood or seismic risk areas, etc.) • Civic or community engagement • Prioritization of improvements for disadvantaged communities The City’s response to these various objectives will be dependent on the specific needs of the disadvantaged community, which will be identified through the research and preparation phase of the Environmental Justice Element. Dudek has experience completing Environmental Justice Elements for local jurisdictions throughout Southern California, including the Cities of South El Monte, El Cajon, Highland, and Lomita. A new Environmental Justice Element will be prepared with the Safety Element Update along with California Environmental Quality Act (“CEQA”) review for both Elements. A 10% contingency has been added to the project budget, for a total appropriation amount of $38,874. Preparation of the Environmental Justice Element must include consultation with the community, and the project schedule includes two community workshops. However, if there is significant interest from the public on the Environmental Justice Element, additional meetings or engagement activities may be required. To ensure there is a sufficient budget to accommodate any additional consultation work, the 10% contingency was included. The contract timeframe is also being extended to June 30, 2024, to allow sufficient time to prepare and complete the Environmental Justice Element, CEQA analysis, and take the two Elements through the necessary public hearings. ENVIRONMENTAL ANALYSIS The approval of the amended scope of work for the PSA is not, in and of itself, a project per the California Environmental Quality Act (“CEQA”), as it can be seen with certainty that it will have no impact on the environment. The adoption of the updated Safety Element in conjunction with an Environmental Justice Element will be accompanied by an Initial Environmental Study and a Negative Declaration when the project is brought through the Planning Commission and City Council hearings. FISCAL IMPACT The total contract amount for the Safety Element Update was $29,973.20. To fund the proposed amendment to the contract to prepare a new Environmental Justice Element, a Professional Services Agreement Amendment with Dudek May 2, 2023 Page 5 of 5 $38,874 budget appropriation is being requested. There is sufficient funding available in the General Fund Reserve for appropriation of the requested $38,874. The overall cost for this project will be $68,847.20. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 7490 amending the Fiscal Year 2022-23 Operating Budget authorizing an appropriation to amend the Professional Services Agreement with Dudek to complete a new Environmental Justice Element in conjunction with the Safety Element Update in the amount of $35,340 with a 10% contingency, offset by a reduction in the General Fund Reserve in the amount of $38,874, and extending the contract term to June 30, 2024. Attachment No. 1: Resolution No. 7490 Attachment No. 2: Proposed Scope of Work from Dudek Attachment No. 1 Attachment No. 1 Resolution No. 7490 1 RESOLUTION NO. 7490 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE FISCAL YEAR 2022-23 OPERATING BUDGET AUTHORIZING AN APPROPRIATION TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH DUDEK TO COMPLETE A NEW ENVIRONMENTAL JUSTICE ELEMENT IN CONJUNCTION WITH THE SAFETY ELEMENT UPDATE IN THE AMOUNT OF $35,340 WITH A 10% CONTINGENCY, OFFSET BY A REDUCTION IN THE GENERAL FUND RESERVE IN THE AMOUNT OF $38,874, AND EXTENDING THE CONTRACT TERM TO JUNE 30, 2024 WHEREAS, on March 2, 2022, the City Manager executed a Professional Services Agreement (“PSA”) with Dudek to update the Safety Element in the amount not to exceed $29,973.20; and WHEREAS, the State of California passed Senate Bill (“SB”) 1000 in 2016 requiring local agencies to address environmental justice in their General Plans when two or more Elements are updated and approved after January 1, 2018; and WHEREAS, an Environmental Justice Element is required since the City approved a Housing Element Update in 2022, and is the process of updating the Safety Element to the General Plan. The Environmental Justice Element is required to include a comprehensive set of goals and policies aimed at increasing participation of disadvantaged communities in the public decision-making process and reducing their exposure to environmental hazards. The California Government Code Section 65040.12(e) defines environmental justice as “the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies;” and WHEREAS, the City Council authorizes an amendment to the PSA with Dudek in the amount not to exceed $38,874 for the preparation of an Environmental Justice 2 Element in conjunction with the Safety Element Update along with the California Environmental Quality Act (“CEQA”) analysis to the City’s General Plan Update; and WHEREAS, the City Manager has certified that there are sufficient unprogrammed reserves available in General Fund Reserves for appropriation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The sum of thirty-eight thousand, eight-hundred and seventy-four dollars ($38,874) is hereby appropriated from the General Fund Reserves to amend the Professional Services Agreement with Dudek to complete an Environmental Justice Element in conjunction with the Safety Element Update and the CEQA analysis and extend the contract term to June 30, 2024. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON THE NEXT PAGE] Attachment No. 2 Attachment No. 2 Proposed Scope of Work from Dudek TASK 1 PROJECT MANAGEMENT Dudek will participate in up to six (6) half hour 3 virtual meetings that will be strategically scheduled to facilitate a smooth project execution. Dudek will also submit monthly progress reports and invoices. Task 1 Assumptions ƒProject meetings will last 30 minutes; Dudek can reduce the number of meetings if longer meetings are needed Task 1 Deliverables ƒUp to six (6) half hour virtual project check in meetings with agendas ƒList of data and contact information needs ƒMonthly progress reports and invoices TASK 2 PUBLIC ENGAGEMENT Task 2.1 Online Survey Dudek will work to develop an online survey using Survey Monkey. Dudek will respond to one round of City comments. Dudek will provide a link and QR code for the City to advertise. Dudek will share the results with the City after events or other campaigns to drive responses. Task 2.1 Assumptions ƒThe City will advertise the survey Task 2.2 Public Workshop Materials and Attendance Dudek will be present at and develop materials for one in-person public meeting/workshop. Engagement materials will include up to six mapping or prioritization boards to better understand the community’s needs and feelings toward various policies. Task 2.2 Assumptions ƒCity staff will coordinate the location and invitation list for the public workshops Optional Task 2.3 Additional Meeting Attendance Dudek will replicate the activities in Task 2.2. Dudek recommends that either Dudek or staff complete a minimum of three meetings to achieve a meaningful engagement strategy. Optional Task 2.4 Public Workshops Organization Dudek will organize the public workshop location and invitation list. Dudek will work with the stakeholders the City identifies to secure a meeting location and an ideal time for the meeting. This task should be done in coordination with Optional Tasks 2.2 and/or 2.3. Task 2 Deliverables ƒOnline survey ARCADIA ENVIRONMENTAL JUSTICE ELEMENT PROPOSAL NOVEMEBER 2022 2 ƒFour phone interviews ƒMaterials and attendance at one public meeting Task 2 Optional Deliverables ƒMeeting organization ƒAdditional meeting attendance TASK 3 ENVIRONMENTAL JUSTICE ELEMENT Task 3.1 Data Collection and Background Research Dudek will utilize multiple data sources to outline the public health conditions across the City. This will serve as the basis for defining disadvantaged communities (DACs) in accordance with Senate Bill 1000 and the Governor's Office of Planning and Research 2017 guidelines; additionally, Dudek will create custom maps for each of the six pillars of Senate Bill 1000. It is important to note that CalEnviroScreen designates DACs on a census tract level, which rarely aligns with recognized community boundaries. Depending on the size of the census tract, a designated DAC could include multiple distinct neighborhoods and communities or only represent a portion of a larger community. Dudek will work with the City to identify communities and neighborhoods that are partially or wholly within the one designated DAC census tract. Dudek will work with the City to corroborate and further refine this data directly with the DAC during the public outreach process. Task 3.2 Draft Plan Building on the findings in Task 3.1 Dudek will draft the environmental justice element in Microsoft Word to best match the existing General Plan. Dudek will provide a tracked changes copy of the implementation plan. Task 3.3 Final Plan Dudek will respond to one round of consolidated City comments from the draft plan. A final environmental justice element will be provided to the City in the form of a Microsoft Word document. The accompanying implementation plan will be provided in strikeout underline. Optional Task 3.4 Site Photos Dudek staff will take photos from representative areas in the community to update photos in the safety element and provide new photos in the environmental justice element. Task 3 Assumptions ƒNo additional public meetings beyond the existing meetings scoped for the safety element will be required ƒIf Optional Task 3.4 is not pursued, Dudek staff will take limited photos of City facilities prior to the public hearing included in the Safety Element scope. Task 3 Deliverables ƒOne draft implementation plan ƒOne final implementation plan ARCADIA ENVIRONMENTAL JUSTICE ELEMENT PROPOSAL NOVEMEBER 2022 3 TASK 4 CEQA Dudek will update the project description and analysis in the existing negative declaration to identify the additional project component and analyze whether any impacts would occur. This task assumes that no significant impacts to the environment would result from the Environmental Justice Element. Task 4 Deliverables ƒUpdated negative declaration P2221390 (City of Arcadia Environmental Justice) City of Arcadia P2221390 (City of Arcadia Environmental Justice) DUDEK FEE ESTIMATE 11/21/2022 Project Team Role: Project Director/Environm ental Specialist V Specialist I Analyst II Specialist III Team Member:Asha Bleier Rose Newberry Henry Eckold Grant Sles Emily Seklecki Billable Rate:$265.00 $185.00 $145.00 $100.00 $165.00 Task 1 Project Management 4 8 12 $2,540.00 $2,540.00 Task 2 Public Engagement 2.1 Online Survey 2 2 4 8 16 $2,280.00 $2,280.00 2.2 Public Workshop Materials and Attendance 2 2 16 8 28 $4,020.00 $4,020.00 Subtotal Task 2 4 4 20 16 44 $6,300.00 $6,300.00 Task 3 Environmental Justice Element 3.1 Data Collection and Background Research 2 8 12 32 54 $6,950.00 $6,950.00 3.2 Draft Plan 2 8 24 32 66 $8,690.00 $8,690.00 3.3 Final Plan 2 4 12 12 30 $4,210.00 $4,210.00 Subtotal Task 3 6 20 48 76 150 $19,850.00 $19,850.00 Task 4 CEQA 4 4 $660.00 $660.00 Total Hours 14 32 68 92 4 210 Total $3,710.00 $5,920.00 $9,860.00 $9,200.00 $660.00 $29,350.00 $0.00 $29,350.00 Percent of Hours (Base) 7% 15% 32% 44% 2% Task 2 Other Optional Tasks 2.3 Additional Meeting Attendance 8 8 16 $1,960.00 $1,960.00 2.4 Public Workshops Organization 2 4 8 12 26 $3,630.00 $3,630.00 3.4 Site Photos 4 4 $400.00 $400.00 Subtotal Task 5 2 4 16 24 46 $5,990.00 $5,990.00 Total Optional + Base Hours and Fee 16 36 84 116 4 256 $35,340.00 $0.00 $35,340.00 Percent of Hours (Optional + Base) 6% 14% 33% 45% 2% TOTAL FEE Optional Services Dudek Labor Hours and Rates TOTAL DUDEK HOURS DUDEK LABOR COSTS OTHER DIRECT COSTS Dudek Project Budget Created 4/14/202311:11 AM Page 1 of 1 1-May 8-May 15-May 22-May 29-May 5-Jun 12-Jun 19-Jun 26-Jun 3-Jul 10-Jul 17-Jul 24-Jul 31-Jul 7-Aug 14-Aug 21-Aug 28-Aug 4-Sep 11-Sep 18-Sep 25-Sep 2-Oct 9-Oct 16-Oct 23-Oct 30-Oct 6-Nov 13-Nov 20-Nov 27-Nov 4-Dec 11-Dec Task 1 Task 2.1 Task 2.2 Task 2.3 Task 2.4 Task 3.1 Task 3.2 Task 3.3 Dudek Outline Dudek Draft City Review Dudek Final Event November DecemberJuly OctoberMay June August September