Loading...
HomeMy WebLinkAboutApplicant Agreement - Stamoules Inc.pdf1 APPLICANT AGREEMENT 2 THIS AGREEMENT is made and entered into this 8th day of FEBRUARY , 2022, (hereafter 3 referred to as the "Effective Date of this Agreement"), by and between the COUNTY OF FRESNO, a 4 political subdivision of the State of California, hereinafter referred to as the "COUNTY" and S. 5 Stamoules, Inc., a California Corporation, a California a California corporation, hereinafter referred 6 to as the "APPLICANT'. COUNTY and APPLICANT may be referred to individually as a "PARTY", or 7 collectively as "PARTIES", to this AGREEMENT. 8 WITNESS ETH 9 WHEREAS, APPLICANT has filed with COUNTY Environmental Impact Report (EIR) Application 10 No. 8077 for Unclassified Conditional Use Permit Application No. 3709, and Variance Application No. 11 4112, to allow a pistachio processing facility with 50-foot-tall silos (maximum 35 feet allowed) on a 316.2- 12 acre parcel in the AE-20 (Exclusive Agriculture; 20-acre minimum parcel size) Zone District to meet 13 the requirements of the California Environmental Quality Act (CEQA) for the Stamoules Pistachio 14 Processing Facilities hereinafter referred to as "PROJECT"; and 15 WHEREAS the PROJECT site is located on the northwest corner of S. Newcomb Avenue and W. 16 Muscat Avenue approximately 9.7 miles south of the City of Firebaugh; and 17 WHEREAS a copy of the Project Description is attached hereto and incorporated herein by 18 reference as EXHIBIT A; and 19 WHEREAS, APPLICANT understands that CEQA requires that the EIR prepared for the 20 PROJECT reflect the independent judgment of the lead agency; and 21 WHEREAS, the PROJECT could have a significant impact on the environment and an EIR must 22 be prepared by COUNTY prior to consideration of the PROJECT; and 23 WHEREAS, the COUNTY has determined that it must engage the services of a qualified 24 consultant to perform the necessary work in the preparation of an EIR for the proposed PROJECT; and 25 WHEREAS, it is understood by APPLICANT that the PROJECT herein above-identified is subject to 26 review and decision after completion of the EIR, as prescribed by existing ordinance and laws; that staffs 27 recommendations must consider the conclusions reached in the EIR; that the nature of the factors to be 28 considered by County staff in the review mentioned above is such that recommendations to the decision- 1 makers cannot be formalized until just prior to the point of decision-making and may in fact be different 2 from the conclusions reached in the EIR; and that the final decision on the PROJECT will be 3 made by the entity charged with such decision-making authority; and 4 WHEREAS, the PARTIES agree that APPLICANT shall bear all costs and expenses required to 5 complete the EIR; and 6 WHEREAS, the purpose of this AGREEMENT is to create a contractual obligation for 7 APPLICANT to pay the costs and expenses necessary to complete the EIR. 8 NOW, THEREFORE, in consideration of the covenants and conditions hereinafter contained, it 9 is agreed as follows: 10 1. COUNTY'S OBLIGATIONS 11 The COUNTY shall engage the firm LSA Associates, Inc., hereinafter referred to as the 12 "CONSULTANT" pursuant to the COUNTY/CONSULTANT AGREEMENT, entered into on the same 13 date as this AGREEMENT, to perform the services necessary to complete the EIR for the PROJECT 14 (hereafter referred to as the "WORK PROGRAM"). The WORK PROGRAM is described in EXHIBIT 15 B, which is attached hereto and incorporated herein by reference. 16 The WORK PROGRAM is divided into six (6) "Contract Deliverables". Each Contract 17 Deliverable includes one or more "TASKS", which are services CONSULTANT must perform to 18 complete the Contract Deliverable. 19 Under the COUNTY/CONSUL TANT Agreement, COUNTY has the authority to direct 20 CONSULTANT to initiate work on one or more Contract Deliverables, and COUNTY has the obligation 21 to compensate CONSUL TANT for services performed pursuant to COUNTY direction. APPLICANT 22 understands and acknowledges that COUNTY will not direct CONSUL TANT to initiate work on a 23 Contract Deliverable unless and until APPLICANT has remitted payment to COUNTY for the 24 amount budgeted under this AGREEMENT for that Contract Deliverable, as described in 25 Section 4 hereof. 26 Amounts received by COUNTY from the APPLICANT for services to be performed by 27 CONSUL TANT will be used by the COUNTY to compensate CONSULT ANT for such services upon a 28 determination by the Public Works and Planning Director ("DIRECTOR") that the services have been 2 1 performed satisfactorily. 2 2. EFFECTIVE DATE AND TERM OF AGREEMENT 3 This Agreement is effective on the Effective Date of this Agreement and shall terminate following 4 final payment under Section 4 hereof. 5 3. INHIBITING FACTORS 6 A. APPLICANT understands and acknowledges that, pursuant to the 7 COUNTY/CONSULTANT Agreement, CONSULTANT shall be required to disclose, at the earliest 8 feasible time, those factors which could severely inhibit or prohibit the approval or development of the 9 PROJECT. Based upon such advice and information, the COUNTY shall advise APPLICANT of 10 CONSULT ANT'S conclusions for the purpose of determining the feasibility of continuing with 11 preparation of the EIR according to the WORK PROGRAM under the COUNTY/CONSULTANT 12 Agreement. In the event the preparation of the EIR is terminated, APPLICANT shall pay for 13 uncompensated expenses incurred by CONSULTANT and approved by the COUNTY based on the 14 number of hours expended for workers and equipment, together with direct expenses at the rates set 15 forth in EXHIBIT 8, Table 3, which is attached hereto and incorporated by this reference. 16 B. It is understood that changes to the PROJECT proposal initiated by APPLICANT after 17 the execution date of this AGREEMENT may result in additional costs, delays and the need for 18 additional Consultant services, which in turn may require "Extra Services" as provided in Section 4.B of 19 this AGREEMENT and/or amendments pursuant to Section 11 of this AGREEMENT. 20 4. PAYMENT TO THE COUNTY FOR CONSULTANT SERVICES 21 A. The APPLICANT shall make Six (6) payments, in the amounts and at the times set forth 22 below, to the COUNTY, which together shall total One Hundred Sixty-Seven Thousand, Seven Hundred 23 Forty Dollars and no cents ($167,740.00). Said amount represents the basic fee for CONSULTANT to 24 prepare the EIR pursuant to the COUNTY/CONSULTANT AGREEMENT. The COUNTY shall make the 25 payments to CONSUL TANT as described in Subsections 3.A and 3.C of the COUNTY/CONSULTANT 26 AGREEMENT. The six payments shall be made by the APPLICANT to the COUNTY in the following 27 manner: 28 (1) Payment for Contract Deliverables I: Within five (5) business days after the 3 1 Effective Date of this AGREEMENT, APPLICANT shall remit the sum of Seventy Thousand, One 2 Hundred Ninety Dollars and no cents ($70,190.00) to COUNTY, which the COUNTY shall use to 3 compensate CONSULTANT for all work to be performed by CONSUL TANT to complete TASKS 1 and 2 4 as identified in EXHIBIT B WORK PROGRAM. 5 (2) Payment for Contract Deliverables II: Within ten (10) business days of receipt of 6 an invoice by APPLICANT, to be delivered by email to the APPLICANT at Tom@Stamoules.com, the 7 APPLICANT shall remit the sum of Nineteen Thousand, Three Hundred Ten Dollars and no cents 8 ($19,310.00) to COUNTY, which the COUNTY shall use to compensate CONSUL TANT for all work to be 9 performed by CONSUL TANT to complete TASKS 3, and 4 as identified in EXHIBIT B WORK PROGRAM. 10 (3) Payment for Contract Deliverables Ill: Within ten (10) business days of receipt of 11 an invoice by APPLICANT, to be delivered by email to the APPLICANT at Tom@Stamoules.com, from 12 the COUNTY, APPLICANT shall remit the sum of Thirty-Eight Thousand, Three Hundred Fifteen Dollars 13 and no cents ($38,315.00) to COUNTY, which the COUNTY shall use to compensate CONSULTANT for 14 all work to be performed by CONSULTANT to complete TASK 5 as identified in EXHIBIT B WORK 15 PROGRAM. 16 4) Payment for Contract Deliverables IV: Within ten (10) business days of receipt of 17 an invoice by APPLICANT, to be delivered by email to the APPLICANT at Tom@Stamoules.com, from 18 the COUNTY, APPLICANT shall remit the sum of Twenty-Eight Thousand, Ten Dollars and no cents 19 ($28,010.00) to COUNTY, which the COUNTY shall use to compensate CONSUL TANT for all work to be 20 performed by CONSULTANT to complete TASKS 6, and 7, as identified in EXHIBIT B WORK 21 PROGRAM. 22 5) Payment for Contract Deliverables V: Within ten (10) business days of receipt of 23 an invoice by APPLICANT, to be delivered by email to the APPLICANT at Tom@Stamoules.com, from 24 the COUNTY, APPLICANT shall remit the sum of Three Thousand, Three Hundred Sixty-Five Dollars 25 and no cents ($3,365.00) to COUNTY, which the COUNTY shall use to compensate CONSULTANT for 26 all work to be performed by CONSULTANT to complete TASK 8, as identified in EXHIBIT B WORK 27 PROGRAM. 28 6) Payment for Contract Deliverables VI: Within ten (10) business days of receipt of 4 1 an invoice by APPLICANT, to be delivered by email to the APPLICANT Kyle.Simpson@lsa.net from the 2 COUNTY, APPLICANT shall remit the sum of Eight Thousand, Five Hundred Fifty Dollars and no cents 3 ($8,550.00) to COUNTY, which the COUNTY shall use to compensate CONSUL TANT for all work to be 4 performed by CONSULTANT to complete TASK 9 as identified in EXHIBIT B WORK PROGRAM. 5 B. One Hundred, Sixty-Seven Thousand, Seven Hundred Forty Dollars and no cents 6 ($167,740.00) is the entire consideration to be paid by COUNTY to CONSULTANT for all of the basic 7 services performed by CONSULTANT pursuant to Subsection 4.A of the COUNTY/CONSULTANT 8 AGREEMENT except as otherwise provided in EXHIBIT C of said Agreement (Extra Services). If 9 DIRECTOR of the Fresno County Department of Public Works and Planning or DIRECTOR'S designee 10 determines that Extra Services will be authorized pursuant to Subsection 3.E of the 11 COUNTY/CONSUL TANT Agreement, DIRECTOR shall first notify the APPLICANT of the 12 determination, and those services shall only be authorized after COUNTY's receipt from the 13 APPLICANT of the entire sum determined by DIRECTOR to be the maximum that may be rendered for 14 those Extra Services. APPLICANT shall pay to COUNTY, within thirty (30) calendar days after 15 APPLICANTS receipt of DIRECTOR's determination. Such sum shall not exceed Twenty-Five 16 Thousand, Two Hundred Dollars and no cents ($25,200.00}, approximately 15% of the base fee. 17 C. APPLICANT'S obligation to COUNTY to pay any invoice received by COUNTY from 18 CONSULTANT, covered by the amount set forth in this AGREEMENT shall be absolute 19 notwithstanding any dispute between APPLICANT and COUNTY pursuant to this AGREEMENT, 20 including, but not limited to, the sufficiency, quantity or quality of services performed by CONSUL TANT 21 and identified in such invoice. APPLICANT agrees that it shall not withhold any such payments for any 22 reason whatsoever and shall not be able to assert against COUNTY any right of set-off, cross- 23 complaint, or defense against its obligation to make any such payments to COUNTY under this 24 AGREEMENT. The APPLICANT'S obligation to make such payments shall not be abated through any 25 unforeseen circumstances. 26 27 5. A. PAYMENT TO THE COUNTY FOR COUNTY SERVICES In addition to the APPLICANT'S reimbursement to COUNTY for CONSULTANT'S basic 28 fees and extra services, APPLICANT shall pay to COUNTY the actual costs and expenses incurred by 5 1 COUNTY in processing, reviewing, and preparing comments for CONSULTANT'S preparation of an 2 EIR, and performing any other work in connection with the PROJECT, including outside legal counsel 3 to assist County Counsel in review and advise on the PROJECT as determined to be appropriate by 4 County Counsel. 5 8. Within ten (10) calendar days after the date of execution of this AGREEMENT by the 6 PARTIES hereto, the APPLICANT shall advance the amount of Seventy-Five Thousand Dollars 7 ($75,000.00) as payment for said services, with Twenty-Five Thousand Dollars ($25,000.00) allocated 8 for direct use by County Staff and Fifty Thousand Dollars ($50,000.00) allocated for outside legal 9 counsel as determined to be appropriate by County Counsel. 10 C. Any request for further funds shall require an amendment to this AGREEMENT, mutually 11 agreed upon by both PARTIES in writing. If an amendment to this AGREEMENT is deemed appropriate 12 and necessary by the PARTIES, APPLICANT understands that all work on the PROJECT will cease 13 until an amendment to the AGREEMENT is approved. APPLICANT shall, after receipt of a COUNTY 14 invoice, to be delivered by email to APPLICANT at Tom@Stamoules.com, remit to COUNTY such 15 additional amount or amounts as specified in the APPLICANT-approved amendment to the 16 AGREEMENT. There shall be no limit on the number of requests DIRECTOR may make to the 17 APPLICANT in order to recover such amounts. If upon termination of this AGREEMENT the actual 18 cost incurred by the COUNTY under this paragraph 5 of this AGREEMENT is less than the total amount 19 of the payment by APPLICANT to COUNTY pursuant to this paragraph 5, COUNTY will promptly refund 20 such surplus funds to APPLICANT. 21 6. INDEPENDENT CONTRACTOR 22 It is understood that CONSULTANT shall be an independent contractor of COUNTY. 23 APPLICANT agrees to permit CONSULT ANT to enter upon its property in compliance with applicable 24 safety regulations to perform all work thereon, as CONSUL TANT deems necessary to complete the 25 EIR. It is agreed that APPLICANT at no time will interfere with CONSULTANT in the performance of 26 such work or attempt to influence such CONSULT ANT during the course of this investigation and 27 report. APPLICANT will participate in the EIR process to assure the accuracy of the Project Description 28 and EIR. In addition, APPLICANT will have an opportunity to review and comment on the preliminary 6 1 Administrative Draft EIR, the Draft EIR, the Administrative Final EIR, and the Final EIR document, 2 including proposed Mitigation Monitoring and Reporting Program (MMRP) and Project alternatives and 3 related findings. APPLICANT shall include a COUNTY staff member in any meeting or other contact 4 between the APPLICANT and CONSULTANT, unless otherwise authorized by COUNTY in which case 5 CONSULTANT shall provide COUNTY with a written summary of the meeting. COUNTY shall also be 6 copied on all written correspondence between APPLICANT and CONSULTANT. 7 7. TIME OF COMPLETION 8 APPLICANT understands and acknowledges that unforeseen circumstances may require 9 changes to the timelines proposed in the WORK SCHEDULE based on the CONSULTANT'S 10 professional judgment and in consultation with COUNTY. 11 8. HOLD HARMLESS 12 For purposes of this Section 8, "LOSSES" includes all claims, demands, injuries, damages, 13 costs, expenses (including attorney fees and courts costs), fines, penalties, and liabilities of any kind. 14 OWNERS agree to indemnify, defend, and save COUNTY, its officers, agents, employees, and 15 volunteers from any and all costs and expenses (including reasonable attorney fees and court costs), 16 against any losses incurred by COUNTY, OWNERS, or any third party in connection with the 17 performance, or failure to perform, by OWNERS, their officers, agents, or employees under this 18 AGREEMENT. 19 If requested by COUNTY, OWNERS shall defend actions or proceedings brought or threatened 20 against COUNTY (including its officers, agents, or employees) under this AGREEMENT. COUNTY 21 may conduct or participate in its own defense without affecting OWNERS' obligation to indemnify or 22 defend COUNTY. 23 The terms of this SECTION 8 shall survive the termination of this AGREEMENT. 24 9. GOVERNING LAW 25 Any controversy or claim arising out of or relating to this AGREEMENT which cannot be 26 amicably settled without court action shall be litigated either in the Superior Court of Fresno County, 27 California, or in the U.S. District Court for the Eastern District of California, located in Fresno County, 28 California. The rights and obligations of the PARTIES and all interpretations and performance of this 7 1 AGREEMENT shall be governed in all respects by the laws of the State of California. 2 10. NON-ASSIGNMENT 3 Neither PARTY shall assign, transfer, or sub-contract this AGREEMENT nor their rights or 4 duties under this AGREEMENT without the written consent of the other PARTY. 5 11. AMENDMENTS 6 Any changes to this AGREEMENT requested either by the COUNTY or APPLICANT may only 7 be affected if mutually agreed upon in writing, by duly authorized representatives of the PARTIES 8 hereto. This AGREEMENT shall not be modified or amended or any rights of a PARTY to it waived 9 except by such a writing. 10 12. BINDING UPON SUCCESSORS 11 This AGREEMENT shall be binding upon and inure to the benefit of the PARTIES and their 12 successors in interest, assigns, legal representatives, and heirs. 13 14 13. APPLICANT'S LEGAL AUTHORITY Each individual executing or attesting this AGREEMENT on behalf of APPLICANT hereby 15 covenants, warrants, and represents: (i) that he or she is authorized on behalf of the corporation in 16 accordance with a duly adopted resolution of the corporation's board of directors and in accordance 17 with such corporations articles of incorporation or charter and bylaws; and (ii) that this Agreement is 18 binding on the corporation; and (iii) that the APPLICANT is a duly organized and legally existing 19 corporation in good standing in the State of California. 20 14. TERMINATION 21 A. This AGREEMENT may be immediately terminated by COUNTY upon written notice to 22 APPLICANT if APPLICANT fails to comply with any or all of the terms of this AGREEMENT. This 23 AGREEMENT may be immediately terminated by APPLICANT upon written notice to COUNTY. 24 B. If this AGREEMENT is terminated as provided in this section, COUNTY will request 25 CONSULTANT to stop work on the PROJECT. Upon termination, COUNTY will determine what 26 amounts are due and owing to CONSUL TANT and COUNTY for work performed prior to termination, 27 and return any remaining funds received from the APPLICANT to the APPLICANT. If there are not 28 sufficient funds received from the APPLICANT to pay CONSUL TANT and COUNTY for work performed 8 1 prior to termination, APPLICANT shall immediately remit the balance due to COUNTY. 2 15. HEADINGS; CONSTRUCTION; STATUTORY REFERENCES 3 The headings of the sections and paragraphs of this AGREEMENT are for convenience only 4 and shall not be used to interpret this AGREEMENT. This AGREEMENT is the product of negotiation 5 between the PARTIES. The language of this AGREEMENT shall be construed as a whole according 6 to its fair meaning and not strictly for or against any PARTY. Any rule of construction to the effect that 7 ambiguities are to be resolved against the drafting party shall not apply in interpreting this 8 AGREEMENT. All references in this AGREEMENT to particular statutes, regulations, ordinances or 9 resolutions of the United States, the State of California, or the County of Fresno shall be deemed to 10 include the same statute, regulation, ordinance, or resolution as hereafter amended or renumbered, or 11 if repealed, to such other provisions as may thereafter govern the same subject. 12 16. ELECTRONIC SIGNATURES 13 The Parties agree that this Agreement may be executed by electronic signature as provided in 14 this section. 15 i. An "electronic signature" means any symbol or process intended by an individual signing 16 this Agreement to represent their signature, including but not limited to 17 (1) a digital signature; 18 (2) a faxed version of an original handwritten signature; or 19 (3) an electronically scanned and transmitted (for example by PDF 20 document) of a handwritten signature. 21 ii. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent 22 to a valid original handwritten signature of the person signing this Agreement for all purposes, including 23 but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force 24 and effect as the valid original handwritten signature of that person. 25 iii. The provisions of this section satisfy the requirements of Civil Code section 1633.5, 26 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, 27 beginning with section 1633.1 ). 28 iv. Each Party using a digital signature represents that it has undertaken and satisfied the 9 1 requirements of Government Code section 16.5, subdivision (a), paragraphs ( 1) through (5), and agrees 2 that each other Party may rely upon that representation. 3 V. This Agreement is not conditioned upon the Parties conducting the transactions under it 4 by electronic means and either Party may sign this Agreement with an original handwritten signature. 5 17. COUNTERPARTS 6 This AGREEMENT may be executed in two or more counterparts, each of which shall be 7 deemed to be an original, and all of which taken together shall constitute one and the same instrument. 8 18. ENTIRE AGREEMENT 9 This AGREEMENT constitutes the entire agreement between the APPLICANT and 10 COUNTY with respect to the subject matter hereof and supersedes all previous negotiations, proposals, 11 commitments, writings, advertisements, publications, and understandings of any nature whatsoever 12 unless expressly included in this AGREEMENT. 13 14 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed as 15 of the day and year first above written. 16 APPLICANT: 17 S. Stamoules, Inc. 904 S. Lyon Avenue 18 Mendo C 93640 19 20 21 By:~rt-- o tefanopoulos SignNow a-signature ID: 951419cbca ... 02/0812022 20:22:04 UTC ORG. NO.: 22 SUBCLASS NO.: 1186 FUND NO.: 0085 23 ACCOUNT NO.: 7910 24 25 26 27 28 COUNTY OF FRESNO REVIEWED AND REC APPROVAL: By: ____ ~----- Steven E. hit , PE, PLS Director Department of Public Works and Planning 10 EXHIBIT A PROJECT DESCRIPTION The project applicant (S. Stamoules, Inc, Pistachio Processing Facility) is proposing to: 1. Allow a pistachio processing facility on a 316.2-acre parcel in the AE-20 (Exclusive Agriculture; 20-acre minimum parcel size) Zone District; and 2. Allow 50-foot-tall silos (maximum 35 feet allowed) in the AE-20 Zone District. The proposed facility will process the owner's own pistachio harvest from an approximately 7,500 acres of pistachio orchards. Additionally, the processed water from the facility will be conveyed via existing subsurface piping to irrigate approximately 3,740 acres of agricultural land owned by the owner and are located approximately two to six miles to the northeast of the project site located on the northwest corner of S. Newcomb Avenue and W. Muscat Avenue approximately 9.7 mile south of the City of Firebaugh. EXHIBIT B LSA EIR 8077 & CUP 3709 STAMOULES PISTACHIO PROCESSING FACILITY ENVIRONMENTAL IMPACT REPORT FRESNO COUNTY, CALIFORNIA EXHIBIT A SEPTEMBER 2021 EXHIBIT A: SCOPE OF WORK AND SCHEDULE The scope of work for preparation of the EIR for the Stamoules Pistachio Processing Facility (EIR 8077 & CUP 3709) is detailed below. An outline of the work program is presented in Table 1, the proposed schedule is included in Table 2, and the cost estimate is shown in Table 3. TASK 1. KICK-OFF MEETING AND PROJECT INITIATION 1.1. Kick-Off Meeting and Site Visit LSA will meet with the Project Applicant team and County staff to discuss expectations regarding the tasks to be undertaken as part of the environmental documentation effort for the proposed project. In this meeting, LSA will want to: 1. Confirm the proposed scope of work and expectations for use of any previously prepared technical materials or other background materials that may be available for the project site; 2. Discuss the significance criteria for each topic to be addressed in the EIR. 3. Discuss the County's desired approach to involving the various County departments and the Project Applicant team during preparation of the EIR (e.g., review of the administrative and screencheck drafts, communications, etc.); and 4. Discuss the desired schedule for the review process with the Project Applicant team and County. Following the Kick-Off Meeting, Amy Fischer and Kyle Simpson will visit and photograph the project area and its surroundings to familiarize ourselves with the area, document existing conditions and site features, and confirm information provided by the Project Applicant team and County. We will Table 1: Work Program Outline Task l. Kick-Off Meeting and Project Initiation 1.1 Kick-Off Meeting and Site Visit 1.2 Project Description 1.3 Initial Project Management Task 2. Technical Analyses 2.1 Air Quality and Greenhouse Gas Analysis 2.2 Biological Resources Analysis 2.3 Cultura I Resources Report 2.4 Noise Analysis 2.5 Transportation Analysis 2.6 Technical Analyses Project Management Task 3. 3.1 3.2 3.3 3.4 3.5 Initial Study and Notice of Preparation Administrative Draft Initial Study and Notice of Preparation Screencheck Draft Initial Study and Notice of Preparation Public Review Initial Study and Notice of Preparation Public Scoping Meeting Initial Study Project Management Task 4. Work Program Refinement 4.1 Work Program Refinement Task 5. Draft EIR 5.1 Administrative Draft EIR 5.2 Screencheck Draft EIR 5.3 Public Review Draft EIR 5.4 Draft EIR Project Management Task 6. Final EIR 6.1 Administrative Draft Final EIR 6.2 Screencheck Draft Final EIR 6.3 Public Review Final EIR 6.4 CEQA Findings and Statement of Overriding Considerations 6.5 Final EIR Project Management Task 7. Mitigation Monitoring and Reporting Program 7.1 Administrative Draft MMRP 7.2 Screencheck Draft MMRP 7.3 Final MMRP 7.4 MMRP Project Management Task 8. EIR Certification Hearing 8.1 Planning Commission Hearing Task 9. Administrative Record 9.1 Administrative Record 1 LSA EIR 8077 & CUP 3709 STA MOU LES PISTACHIO PROCESSING FACILITY ENVIRONMENTAL IMPACT REPORT FRESNO COUNTY, CALIFORNIA EXHIBIT A SEPTEMBER 2021 encourage attendance by the Project Applicant team and County staff at our initial site visit to allow for sharing of observations. 1.2. Project Description LSA will prepare a project description that details the purpose, phasing and physical elements of the proposed project. The project description will include a map showing the location and boundaries of the project area and a general description of the project's technical and environmental character- istics. LSA will work closely with the Project Applicant team and the County to ensure that the project description provides a level of detail appropriate for the EIR. As a part of the project description, LSA will work with the Project Applicant team and the County to prepare a list of project objectives consistent with the County's goals for the proposed project. The project description will also include a statement briefly describing the intended uses of the EIR, including a list of agencies expected to use the EIR, a list of permits and other approvals required to implement the proposed project and a list of related environmental review and consultation steps required by federal, State or local laws, regulations and policies. LSA will submit a draft of the project description to the Project Applicant team and the County for review and acceptance before the LSA team begins conducting any technical analyses. 1.3 Initial Project Management LSA staff will undertake a variety of general project management tasks throughout the process of project initiation including input on scope, budget, and scheduling of the project, and quality assurance for all work undertaken. Day-to-day activities associated with this task include regular client contact; schedule coordination; contract negotiation and management; and development of products. Deliverables • Draft Project Description TASK 2. TECHNICAL ANALYSES Based on our initial review of the proposed project, technical studies to address potential environmental impacts regarding air quality and greenhouse gas emissions, biological resources, cultural resources, noise, and transportation will be needed to adequately address these disciplines under CEQA. Following approval of the Draft Project Description, the technical analyses described below, will be conducted. As mentioned above, it is assumed that the Project Applicant team will provide LSA with a WSA or other documentation addressing the potential effect of the proposed project on groundwater. 2.1 Air Quality and Greenhouse Gases Analysis LSA will prepare an air quality and greenhouse gas analysis technical memorandum for the proposed project. The analysis will include the following components: 1) assessment of baseline air quality in the area based on data from the San Joaquin Valley Air Pollution Control District (SJVAPCD) and California Air Resources Board (ARB); 2) quantitative assessment of project construction and 2 LSA EIR 8077 & CUP 3709 STAMOULES PISTACHIO PROCESSING FACILITY ENVIRONMENTAL IMPACT REPORT FRESNO COUNTY, CALIFORNIA EXHIBIT A SEPTEMBER 2021 operational impacts for the using the California Emissions Estimator Model version 2016.3.2 (CalEEMod); and 3) if warranted, recommendation of mitigation measures consistent with the SJVAPCD guidelines. If available, the Project Applicant team should provide any applicable project construction data to LSA, including all anticipated off-road vehicle use and daily haul trip rates during construction. Model output will be attached as a technical appendix. The memorandum will also provide a qualitative discussion of potential odor impacts and will summarize the odor reduction measures that are proposed to reduce odor concerns associated with operations on the project site. The findings of this analysis will be presented in a technical memorandum addressed to the County. 2.2 Biological Resources Analysis LSA will evaluate the biological resources present in the project area and determine project effects to those resources. A key objective of the evaluation will be to identify any special-status plant or wildlife species, or sensitive habitats that may be affected by the project. Based on a preliminary review of aerial photographs, the project area does not appear to support natural vegetation communities, and, therefore, it provides limited habitat for special status plants or wildlife. Sensitive biological resources potentially occurring in the project area include San Joaquin kit fox, Swainson's hawk, burrowing owls, burrowing mammals, and nesting birds. • Research/Coordination. LSA will execute and evaluate a biological resource records search of the most current versions of the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB), the California Native Plant Society's Electronic Inventory of Rare and Endangered Vascular Plants of California, and the United States Fish and Wildlife Service's (USFWS) Information for Planning and Consultation (iPaC) database. LSA will also review our previous project work in the area for applicable biological information. • General Field Survey. LSA will conduct a general field survey to assess habitat conditions and evaluate potential impacts to sensitive biological resources from the proposed project. During this survey, LSA will assess the potential for trees located on the project site to provide suitable nesting habitat, particularly for Swainson's hawk. LSA will also survey the project area for burrows that may be suitable for other regional special-status species, such as San Joaquin kit fox and burrowing owl. • Documentation. The results of the field survey will be documented in the biological resources technical memorandum. The section will include a discussion of plant communities and other land cover types present on the project site, as well as a discussion of plant and animal species occurring (or expected to occur) on the project site based on the field survey and habitat assessment. Any sensitive biological resources identified will be mapped on an aerial photo exhibit. The technical memorandum will document biological resources in the project area, evaluate potential project effects to biological resources, and recommend appropriate measures to avoid, reduce, or compensate (for unavoidable impacts), if any. 3 LSA EIR 8077 & CUP 3709 STAMOULES PISTACHIO PROCESSING FACILITY ENVIRONMENTAL IMPACT REPORT FRESNO COUNTY, CALIFORNIA EXHIBIT A SEPTEMBER 2021 2.3 Cultural Resources Report LSA's cultural resources study for the proposed project will be conducted in accordance with the requirements of the California Environmental Quality Act (CEQA). The study will consist of background research, a pedestrian field survey of portions of the project site, and preparation of a brief letter report documenting the findings. Each task is described in greater detail below. • Background Research -Records Search. LSA will request a cultural resources records search from the Southern San Joaquin Valley Information Center (SSJVIC) of the Californian Historical Resources Information System (CHRIS) located at California State University, Bakersfield, The SSJVIC, an affiliate of the California Office of Historic Preservation (OHP), is the official repository of cultural resources reports and records for Fresno County. The records search will identify recorded cultural resources and studies in and within 0.5 miles of the project site. • Background Research -Inventory and Directory Review. Cultural resource inventories will be reviewed to determine if any cultural resources are listed within or adjacent to the project site. These inventories will include the California Inventory of Historic Resources (California Department of Parks and Recreation 1976), the OH P's Five Views: An Ethnic Historic Site Survey for California (1988), California Historical Landmarks (1996), California Points of Historical Interest (1992), and the Directory of Properties in the Historic Property Data File (which contains the listings of the National Register of Historic Places [National Register], California Register of Historical Resources [California Register], California Historical Landmarks, and California Points of Historical Interest). Local county listings and historic aerial photographs, if available, will also be reviewed. • Background Research -Native American Heritage Commission. The Native American Heritage Commission (NAHC) will be contacted to request a search of the Sacred Lands File for any information about cultural resources of traditional or cultural value to tribal organizations, regardless of archaeological value, in or adjacent to the project site. • Pedestrian Field Survey. A team of LSA archaeologists will conduct a pedestrian field survey of the approximately 317-acre project site. This scope assumes that it will take no more than 8 person-days to conduct the survey (i.e., 2 archaeologists surveying for 4 days). This scope also assumes that no cultural resources will be identified during the survey. If resources are identified, LSA will contact you immediately to develop a scope and budget for additional tasks. For example, cultural resources would be recorded on State of California Department of Parks and Recreation (DPR) Series 523 forms in accordance with the guidelines established by the State Office of Historic Preservation (OHP). • Report. LSA will prepare a letter report to document the cultural resources study methods, results, and management recommendations. The report will be submitted to the SSJVIC in fulfillment of a requirement to access their archives. Cultural Resources Study Specifications 4 LSA EIR 8077 & CUP 3709 STAMOULES PISTACHIO PROCESSING FACILITY ENVIRONMENTAL IMPACT REPORT FRESNO COUNTY, CALIFORNIA EXHIBIT A SEPTEMBER 2021 o If cultural resources are identified in the project site during the record search or the pedestrian field survey, a scope and budget adjustment will be required to document, analyze, and report on such resources. o It is assumed that the pedestrian field survey will not be delayed due to a lack of access to the project site. o If the project site is being actively used for agricultural purposes during the cultural resources study, LSA will conduct a field spot check of site conditions rather than a full survey so as not to disrupt the agricultural process or disturb crops. This would result in a reduced budget. o This scope does not include coordination with Native American tribal representatives. o LSA will contact the County and the Project Applicant team if additional effort -beyond what is included in this scope -is required to address cultural resources on the property. 2.4 Noise Analysis LSA will prepare a noise analysis technical memorandum for the proposed project. The noise analysis will include the following components: 1) a description of existing noise conditions in and around the project site; 2) a quantitative assessment of noise impacts on sensitive receptors related to project construction and operation associated with the project; and if required, 3) the prepara- tion of mitigation measures consistent with best practices. The findings of this analysis will be incorporated into a technical memorandum addressed to the County. 2.5 Transportation Analysis The scope of work for the transportation analysis includes two tasks: 1) a Traffic Impact Study (TIS), prepared as per the Fresno County's Draft Guidelines for the Preparation of Traffic Impact Studies within the County of Fresno (dated May 2018); and 2) a Vehicle Miles Traveled (VMT) Analysis (as per CEQA requirements), prepared as per the Governor's Office of Planning and Research (OPR) Technical Advisory (TA), dated December 2018, since the County has not adopted its own VMT Analysis Guidelines. Task 2.5.1 Traffic Impact Study The TIS for the proposed project will be prepared to meet the requirements established by the County's TIS Guidelines. The primary objective of the analysis will be to study and determine the potential traffic operational issues on the circulation system in the vicinity of the project site as a result of the proposed project. The TIS will address existing traffic conditions, future traffic forecasts, project-related operational deficiencies and improvements, and will be prepared for submittal to the County. Based on the County's TIS guidelines, the following six scenarios will be analyzed: • Existing Conditions; 5 LSA EIR 8077 & CUP 3709 STAMOULES PISTACHIO PROCESSING FACILITY ENVIRONMENTAL IMPACT REPORT FRESNO COUNTY, CALIFORNIA EXHIBIT A SEPTEMBER 2021 • Existing Plus Project Conditions; • Near-Term Without Project Conditions; • Near-Term Plus Project Conditions; • Cumulative Without Project Conditions; and • Cumulative Plus Project Conditions. The AM and PM peak hour traffic operations at the study intersections will be analyzed under the scenarios noted above. The AM peak hour is the one hour of highest traffic volumes occurring between 7:00 a.m. and 9:00 a.m. The PM peak hour is the one hour of highest traffic volumes occurring between 4:00 p.m. and 6:00 p.m. The TIS will also include a daily analysis for roadway segments. Specific tasks to be performed during the preparation of the TIS are as follows: • Scoping Agreement Memorandum. Prior to preparation of the TIS, LSA will prepare a scoping agreement memorandum for submittal to the County's Public Works Department. This will enable the scope of work to be finalized at the outset of the project. The project's trip generation will be developed using rates from the Institute of Transportation Engineers (ITE) Trip Generation Manual (10th Edition) or any other source, as approved by the County. LSA understands that there will be a peak harvesting season for pistachio and therefore, during the scoping agreement process, LSA will discuss with County staff to determine if that will affect the project trip generation compared to using ITE rates. As such, actual methodology for preparation of the trip generation and distribution will be developed in consultation with County staff. Upon completion of the memorandum, LSA will submit it to the County to finalize the scope of work for the TIS. • Coordination with County Staff. Prior to preparation of the TIS, LSA will consult with County staff to achieve the following: o Determine the appropriate study area; o Verify study area boundaries and analysis intersections; o Determine the appropriate near-term and cumulative conditions to be examined in the traffic analysis; o Verify the acceptability of traffic analysis assumptions, such as the AM and PM peak hours, project trip generation, and trip distribution patterns; and o Identify any other traffic issues that will need to be addressed in the study. As per the County's TIS guidelines, the TIS study area must include the following: 6 LSA EIR 8077 & CUP 3709 STAMOULES PISTACHIO PROCESSING FACILITY ENVIRONMENTAL IMPACT REPORT FRESNO COUNTY, CALIFORNIA EXHIBIT A SEPTEMBER 2021 o All major intersections within the County to which at least 10 peak-hour project trips per intersection would be added during the weekday morning/evening peak hours; o All intersections/driveways that would provide direct access to the project; and o All roadway segments within the County to which 100 daily trips per roadway segment is added. For the purposes of this scope, LSA anticipates that the traffic study will examine 11 intersections, including the project driveway, and 11 roadway segments. The final study area based on the project trip distribution and assignment will be confirmed during the scoping agreement process. In addition, it is assumed that up to 15 approved and pending projects will need to be included in the analysis. It is also assumed that the County and neighboring cities will provide the list of approved and pending projects before the analysis is started. If County staff requires additional intersections, projects, or operational issues that are not covered in this scope, it may be necessary to adjust the scope of work and budget. • Data Collection and Site Visit. The following data will be required to prepare the traffic analysis for the proposed project: o Site Visit. LSA staff will visit the project site and gather information about lane geometrics, signal timing, signal phasing, roadway widths, etc. o Existing Intersection and Roadway Segment Traffic Counts. Existing intersection turn volumes for the AM and PM peak periods will be required to be collected at all study intersections. Additionally, daily traffic counts will be required to be collected at all roadway segments. Due to the current constraints of collecting new traffic counts, LSA will contact counters to evaluate the option of gathering historic count data at all study intersections and roadway segments. The methodology of developing existing traffic count data will be finalized in consultation with County staff. o Information on Cumulative Projects. LSA will contact the County's Public Works and Planning Department to obtain information about approved or pending projects in the vicinity of the proposed project so that traffic generated by those projects may be incorporated into the TIS. Additionally, cumulative projects from adjacent jurisdictions will also be obtained for purposes of this analysis. • Existing Traffic Conditions. Existing A.M. and P.M. peak hour traffic conditions and levels of service (LOS) will be assessed for the intersections identified for examination. Intersection LOS will be calculated using the appropriate Highway Capacity Manual 6th Edition (HCM 6) analysis methodologies using Synchro 10 software. As per the County's TIS guidelines, roadway segment LOS will be determined using the latest edition of the Florida Department of Transportation LOS tables. 7 LSA EIR 8077 & CUP 3709 STAMOULES PISTACHIO PROCESSING FACILITY ENVIRONMENTAL IMPACT REPORT FRESNO COUNTY, CALIFORNIA EXHIBIT A SEPTEMBER 2021 • Near-Term Traffic Conditions. Traffic volumes for near-term conditions will be developed by adding traffic volumes from approved and pending projects near the study area to existing traffic volumes. Information for approved and pending projects near the project site will be obtained from the County and other adjacent jurisdictions, if required. The resulting intersection and roadway segment LOS will be calculated using the previously discussed methodologies. • Cumulative Traffic Conditions. Traffic volumes for cumulative conditions will be developed using the Fresno Council of Governments' (COG's) Activity-Based Model (ABM). LSA will coordinate with Fresno COG staff to obtain the required model plots. The methodology to develop cumulative without project traffic volumes at study intersections will be consistent with the COG's procedures for post-processing of modeled traffic volumes. The resulting intersection and roadway segment LOS will be calculated using the previously discussed methodologies. • Project Trip Characteristics and Changes to Traffic Patterns. The AM and PM peak hour trip generation for the proposed project will be developed using rates from the ITE Trip Generation Manual (10th Edition) or any other source approved by the County. LSA understands that there will be a peak harvesting season for pistachio and therefore, during the scoping agreement process, LSA will discuss with County staff to determine if that will affect the project trip generation compared to using ITE rates. Project trips will be distributed using select zone runs obtained from the Fresno COG ABM and based on consultation with County staff. The project trip assignment at study intersections will be obtained by multiplying the project trip distributions at the intersections with the project trip generation. • Existing, Near-Term, and Cumulative Plus Project Traffic Conditions. Effects of the proposed project on traffic will be evaluated by adding the project trip assignment to the traffic for the corresponding without project conditions. The resulting intersection and roadway segment LOS for each scenario will be calculated using the previously discussed methodologies. • Analysis of Traffic Operations and Recommended Circulation Improvements. Intersection and roadway segment LOS without the project will be compared to the intersection and roadway segment LOS with the project for each of the analysis scenarios to determine operational deficiencies. Furthermore, necessary improvements will be recommended to offset these deficiencies. Improvements may include intersection turn lanes, signalization, and segment lane additions. The LOS with the proposed improvements will be calculated and summarized, along with a comparison of the LOS without improvements. • Signal Warrant Analysis. Peak hour approach volumes for the study intersections will be examined to determine whether signalization may be warranted at an unsignalized study intersection per the criteria defined in the California supplement of the Manual on Uniform Traffic Control Devices (CA-MUTCD). • Intersection Queuing Analysis. As per the County's TIS guidelines, an intersection queuing analysis is required to be conducted at all signalized study area intersections. The queuing analysis will be prepared using Synchro for signalized intersections. Improvements will be recommended if queuing deficiencies are observed at study intersections. • Pavement Analysis. As per the County's TIS guidelines, a comparison of the Traffic Index with the project to the Traffic Index without the project will be made as part of the Pavement 8 LSA EIR 8077 & CUP 3709 STAMOULES PISTACHIO PROCESSING FACILITY ENVIRONMENTAL IMPACT REPORT FRESNO COUNTY, CALIFORNIA EXHIBIT A SEPTEMBER 2021 Analysis. The Traffic Index will be calculated as per the latest California Department of Transportation (Caltrans) Highway Design Manual (7th Edition). Improvements will be recommended if significant pavement impacts are observed at study segments. Improvements may include construction of an overlay, reconstruction of the pavement section, or financial participation for the costs of the improvements to the extent of the project's fair share. • RTMF/Fair-Share Contributions. LSA will evaluate whether the recommended improvements identified in the TIS are included as part of the Fresno COG Regional Transportation Mitigation Fee (RTMF) program or any other fee program. If it is determined that the improvement is not covered through any such fee program, the proposed project's fair-share cost contribution will be calculated based on project traffic as a percentage of total growth from existing to cumulative conditions. • Left-Turn Pocket at Site Entrance Analysis. The County's TIS guidelines require analysis examining the need for left-turn pockets at the project site entrances to be included in the TIS to ensure safe and acceptable traffic operations. The analysis will be conducted using the American Association of State Highway and Transportation Officials (AASHTO) tables, Harmelink tables, or similar analysis methodologies. For purposes of this scope, LSA will evaluate the need for left- turn pockets after discussions with County staff. • Evaluation of Transit, Bicycle, and Pedestrian Facilities. Per the County's TIS guidelines, the County may require that the TIS include assessment of the proposed project's potential impact on transit, bicycle, and pedestrian facilities adjacent to the project site. This qualitative assessment will examine the project's consistency with the County's applicable goals and policies set forth in the County's General Plan and Bicycle and Recreational Trails Master Plan. LSA will evaluate the need for this assessment after discussions with County staff. Task 2.5.2 Project VMT Analysis The VMT analysis will be performed using the Fresno COG ABM with VMT per employee as the metric. Determination of VMT impacts will be made based on the criteria included in the OPR TA. The VMT analysis methodologies will be confirmed with County staff during the scoping agreement process. In case of a significant VMT impact, appropriate mitigation measures to offset the VMT impacts will be recommended based on discussion with County staff. Transportation Analysis Specifications • It is anticipated that LSA's Transportation Department staff will need to attend one on line TIS scoping meeting with the County and responsible agencies. If LSA Transportation staff is required to attend any additional meetings, a contract amendment may be required. • LSA will prepare a draft TIS report documenting LOS analysis methodologies, existing conditions, near term conditions, cumulative conditions, operational deficiencies, recommended improvements, the project's contribution to these improvements, and the VMT analysis. The draft TIS will be submitted to the client for review and submittal to the County. This scope and budget includes one review/revision of the TIS to address County comments. Additional rounds of review/revision or provision of copies in excess of that stated in this proposal will require an 9 LSA EIR 8077 & CUP 3709 STAMOULES PISTACHIO PROCESSING FACILITY ENVIRONMENTAL IMPACT REPORT FRESNO COUNTY, CALIFORNIA EXHIBIT A SEPTEMBER 2021 amendment to this scope and cost estimate. Upon revision, the final report will be submitted to the County as an Adobe Acrobat PDF file. 2.6 Technical Analyses Project Management LSA staff will undertake a variety of general project management tasks throughout the process of preparing the technical reports including input on scope, budget, and scheduling of the project, and quality assurance for all work undertaken. Day-to-day activities associated with this task include regular client contact; schedule coordination; contract management; and development of products. Deliverables • Draft Air Quality and Greenhouse Gases Technical Memorandum • Final Air Quality and Greenhouse Gases Technical Memorandum • Draft Biological Resources Technical Memorandum • Final Biological Resources Technical Memorandum • Draft Cultural Resources Report • Final Cultural Resources Report • Draft Noise Analysis Technical Memorandum • Final Noise Analysis Technical Memorandum • Draft Transportation Impact Study • Final Transportation Impact Study TASK 3. INITIAL STUDY AND NOTICE OF PREPARATION LSA will prepare an Initial Study for release with the Notice of Preparation (NOP) to provide substantial evidence to support the preparation of an EIR that focuses on areas that could adversely affected by the proposed project. The analysis included in the Initial Study will be referenced and based on thorough analysis in order to address environmental topics and exclude further analysis in the EIR. The following environmental topics will be evaluated in the Initial Study, consistent with the requirements of CEQA. • Aesthetics • Land Use and Planning • Agriculture and Forestry Resources • Mineral Resources • Air Quality • Noise • Biological Resources • Population and Housing • Cultural Resources • Public Services • Energy • Recreation • Geology and Soils • Transportation • Greenhouse Gas Emissions • Tribal Cultural Resources • Hazards and Hazardous Materials • Utilities and Service Systems • Hydrology and Water Quality • Wildfire Based on the components of the proposed project, it is expected that several environmental topics will be addressed in the Initial Study and will not be included in the EIR. 10 LSA EIR 8077 & CUP 3709 STAMOULES PISTACHIO PROCESSING FACILITY ENVIRONMENTAL IMPACT REPORT FRESNO COUNTY, CALIFORNIA EXHIBIT A SEPTEMBER 2021 3.1 Administrative Draft Initial Study and Notice of Preparation LSA will prepare an Administrative Draft Initial Study with figures and tables will be provided as appropriate to illustrate the project site, the proposed project and the study's findings. The Administrative Draft Initial Study and NOP will be provided to the County for review and comment. LSA will provide one electronic version in MS Word and PDF formats for review. 3.2 Screencheck Draft Initial Study and Notice of Preparation Based on a single set of consolidated and non-contradictory comments from County staff, LSA will amend the Administrative Draft Initial Study and NOP, and will prepare a Screencheck Draft Initial Study and NOP for review. We have allotted time for responding to changes; however, if this task exceeds the cost allotted in the budget due to changes in project description or requests for additional analysis that are not necessary to prepare a legally-adequate document, a budget adjustment may be required. LSA will provide one electronic version in MS Word and PDF formats for review by County staff to verify that all requested changes have been made and all appendix materials, references, and final graphics are acceptable. LSA will also provide County staff with an electronic compare version of the Screencheck Draft. This version will show text changes made to the Administrative Draft Initial Study and NOP in underline and strikeout for County staff to more easily confirm that all comments and edits are fully incorporated into the Screencheck Draft Initial Study and NOP. 3.3 Public Review Initial Study and Notice of Preparation LSA will make any minor necessary revisions to the Screencheck Draft Initial Study and NOP, and will prepare the public review Initial Study and NOP. LSA will provide one copy in PDF format for posting on the County's website. The County will be responsible for local distribution and noticing. LSA will provide the County with a preliminary list of potential interested agencies and organizations to be included on the County's distribution list. A printing/production allowance of $1,500 has been included to cover any expenses related to publicly-available printed documents. Should the printing allowance be expended, LSA will bill the County at cost. 3.4 Public Scoping Meeting Amy Fischer and Kyle Simpson will participate in a public EIR scoping meeting via teleconference. LSA will develop materials for these meetings, including a presentation that may include an overview of the objectives of CEQA, the EIR process and schedule, and the topics to be addressed in the EIR. LSA will lead a short presentation at the scoping meeting that outlines the project's environmental review requirements and process. 11 LSA EIR 8077 & CUP 3709 STAMOULES PISTACHIO PROCESSING FACILITY ENVIRONMENTAL IMPACT REPORT FRESNO COUNTY, CALIFORNIA EXHIBIT A SEPTEMBER 2021 3.5 Initial Study Project Management LSA staff will undertake a variety of general project management tasks throughout the process of preparing the Initial Study including input on scope, budget, and scheduling of the project, and quality assurance for all work undertaken. Day-to-day activities associated with this task include regular client contact; schedule coordination; contract negotiation and management; and development of products. Deliverables • Administrative Draft Initial Study and NOP (printed copies available upon request) • Screencheck Draft Initial Study and NOP • Public Review Initial Study and NOP • Notice of Completion for State Clearinghouse TASK 4. WORK PROGRAM REFINEMENT 4.1 Work Program Refinement In response to public comments received on the NOP and the impact analyses completed under Task 2 and Task 3, it may be necessary to refine the work program. Upon receipt and review of all of the comments received in response to the NOP, and taking into consideration comments heard at the scoping meeting, LSA will work with the Project Applicant team and County staff to refine the scope of work and budget, if necessary, to address any environmental issues that are not yet adequately addressed in this work program. TASK 5. DRAFT EIR 5.1 Administrative Draft EIR LSA will prepare an Administrative Draft EIR to address potential environmental effects not fully addressed in the Initial Study. It is expected that several environmental topics will not be included in the EIR, such as, but not limited to, energy, mineral resources, population and housing, public services, recreation, and wildfire. LSA assumes that the following resource topic areas will be addressed in the EIR: • Aesthetics • Hazards and Hazardous Materials • Agriculture and Forestry Resources • Hydrology and Water Quality • Air Quality • Land Use and Planning • Biological Resources • Noise • Cultural Resources • Transportation • Geology and Soils • Tribal Cultural Resources • Greenhouse Gas Emissions • Utilities and Service Systems With each environmental topic included, each section will include the following sections: • Environmental Setting, describing the regulatory context and existing physical setting 12 LSA EIR 8077 & CUP 3709 STAMOULES PISTACHIO PROCESSING FACILITY ENVIRONMENTAL IMPACT REPORT FRESNO COUNTY, CALIFORNIA • Significance Criteria • Impact Discussion, analyzing project impacts and cumulative impacts EXHIBIT A SEPTEMBER 2021 The current conditions of the project site will be described, and will include an impact analysis to evaluate the potential environmental effects resulting from implementation of the proposed project. Where relevant, impacts will be separately identified in terms of whether they would occur during the construction or operation periods. A set of feasible mitigation measures (as well as the residual impacts or effects of each measure) will be identified. Each section will also include a discussion of cumulative impacts to address the potential impacts associated with the project in conjunction with other projects that are under-construction, approved, or reasonably foreseeable. The preferred methodology for conducting the cumulative impacts analysis will be developed and agreed upon during the early stages of the EIR preparation. The EIR is expected to include the following components: • Introduction • CEQA-Required Assessment Conclusions • Executive Summary • list of Persons and Organizations Contacted • Project Description • Bibliography • Setting, Impacts, and Mitigation Measures • Technical Appendices • Alternatives to the Proposed Project One digital version (in both Word and PDF formats) of the Administrative Draft EIR will be submitted to the County for review and comment. LSA can meet with staff, either in person or via teleconference, to discuss comments on the Administrative Draft EIR. 5.2 Screencheck Draft EIR Based on a single set of consolidated and non-contradictory comments from County staff, LSA will amend the Administrative Draft EIR and prepare a Screencheck Draft for final review. One digital version (Word and PDF formats) of the Screencheck Draft will be provided. A PDF compare version that shows changes between the two drafts in underline and strikeout will also be provided for review by the County to verify that all requested changes have been made and all appendix materials, references, and final graphics are acceptable. We have allotted time for responding to changes; however, if this task exceeds the cost allotted in the budget due to changes in project description or requests for additional analysis that are not necessary to prepare a legally adequate document, the additional cost would be billed on a time and materials basis (or use of contingency funds would be requested). 5.3 Public Review Draft EIR LSA will amend the Screencheck Draft EIR in response to a single set of consolidated and non- contradictory comments from County staff. Digital versions will be prepared in PDF formats and will be distributed to the County for website posting. As noted above, the LSA's proposed budget does 13 LSA EIR 8077 & CUP 3709 STAMOULES PISTACHIO PROCESSING FACILITY ENVIRONMENTAL IMPACT REPORT FRESNO COUNTY, CALIFORNIA EXHIBIT A SEPTEMBER 2021 not include an allocation for printing and delivery. Should printing be requested by the Project Applicant or County, LSA will bill production at cost. Prior to publication of the Public Review Draft EIR, LSA will prepare the Notice of Availability (NOA) and Notice of Completion (NOC). LSA will be responsible for electronic submittal of the Public Review Draft EIR to the State Clearinghouse. The County will be responsible for local distribution and noticing. A printing/production allowance of $2,500 has been included to cover any expenses related to publicly-available printed documents. Should the printing allowance be expended, LSA will bill the County at cost. 5.4 Draft EIR Project Management LSA staff will undertake a variety of general project management tasks throughout the process of preparing the Draft EIR including input on scope, budget, and scheduling of the project, and quality assurance for all work undertaken. Day-to-day activities associated with this task include regular client contact; schedule coordination; contract negotiation and management; and development of products. Optional Task 1: Draft EIR Public Hearing Attendance As an optional task, Amy Fischer and Kyle Simpson will to attend a public hearing regarding the Public Review Draft EIR. The intent of the meeting will be to collect public comments on the analysis included in the Draft EIR. Estimated Cost: $1,950 Deliverables • Administrative Draft EIR • Screencheck Draft EIR • Public Review Draft EIR (printed copies available upon request) • Notice of Availability/Notice of Completion TASK 6. FINAL EIR 6.1 Administrative Draft Final EIR The LSA team will formulate responses to written comments on the Public Review Draft EIR, including review period comments received from the public and agencies. The Administrative Draft Final EIR will include: 1) a list of persons, organizations, and public agencies commenting on the Draft EIR; 2) copies of written comments received; 3) responses to environmental comments raised in the review process; and 4) any necessary text, table or figure changes to the Public Review Draft EIR. LSA will discuss the best approach to the responses document with County staff following the close of the comment period. Our budget estimate shows the level of professional effort assumed for this task (see Task 6.1 in the Cost Estimate, included separately). Should an unexpectedly large volume of comments be submitted (e.g., an organized letter-writing campaign by project opponents or a substantial package of 14 LSA EIR 8077 & CUP 3709 STAMOULES PISTACHIO PROCESSING FACILITY ENVIRONMENTAL IMPACT REPORT FRESNO COUNTY, CALIFORNIA EXHIBIT A SEPTEMBER 2021 comments by a law firm representing labor union interests}, an adjustment in the budget (and/or use of contingency funds) to cover work beyond the assumed level would be needed. LSA will submit one digital version (in MS Word and PDF formats) of the Administrative Draft Final EIR for review by County staff. 6.2 Screencheck Draft Final EIR After review by County staff and transmittal of suggested revisions, LSA will amend the Administrative Draft Final EIR and prepare a Screencheck version for final review by County staff. One digital version (Word and PDF formats) of the Screencheck Draft will be provided. A PDF compare version that shows changes between the two drafts in underline and strikeout will also be provided for review by County staff to verify that all requested changes have been made. 6.3 Public Review Final EIR After review by County staff and transmittal of suggested revisions, LSA will amend the Screencheck Draft Final EIR and prepare a Public Review version. Digital versions will also be prepared in PDF formats and will be distributed to the County for website posting. The Public Review Final EIR will be distributed to the public and commenting agencies a minimum of 10 days prior to the final public hearing on the Public Review Final EIR. Should the printing allowance be expended, LSA will bill the County at cost. 6.4 CEQA Findings and Statement of Overriding Considerations Based on examples provided by the County, LSA will prepare one draft version of the CEQA Findings of Fact and, if required, Statement of Overriding Considerations. The draft CEQA Findings and Statement of Overriding Considerations will be finalized by City Counsel. 6.5 Final EIR Project Management LSA staff will undertake a variety of general project management tasks throughout the process of preparing the Final EIR including input on scope, budget, and scheduling of the project, and quality assurance for all work undertaken. Day-to-day activities associated with this task include regular client contact; schedule coordination; contract negotiation and management; and development of products. Deliverables • Administrative Draft Final EIR, MS Word and PDF (printed copies available upon request) • Screencheck Draft Final EIR, MS Word and PDF • Public Review Final EIR, MS Word and PDF • Notice of Determination, MS Word and PDF • Draft CEQA Findings of Fact and Statement of Overriding Considerations, MS Word format TASK 7. MITIGATION MONITORING ANO REPORTING PROGRAM LSA will prepare a Mitigation Monitoring and Reporting Program (MMRP), as described below. 15 LSA EIR 8077 & CUP 3709 STAMOULES PISTACHIO PROCESSING FACILITY ENVIRONMENTAL IMPACT REPORT FRESNO COUNTY, CALIFORNIA EXHIBIT A SEPTEMBER 2021 7.1 Administrative Draft MMRP LSA will a prepare a MMRP, which will identify responsibility for implementing and monitoring each mitigation measure, along with monitoring triggers and reporting frequency, subject to approval by the County. Monitoring will be dovetailed with existing processes of project development and review. LSA will submit the Administrative Draft MMRP to the County for review. 7.2 Screencheck Draft MMRP After review by the County, LSA will amend the Administrative Draft MMRP and will prepare a Screencheck version for final review by the County. One digital version (Word and PDF formats) of the Screencheck Draft will be provided. A PDF compare version that shows changes between the two drafts in underline and strikeout will also be provided for review by the County to verify that all requested changes have been made. 7.3 Final MMRP After review by the County, LSA will amend the Screencheck Draft MMRP and will prepare a final version. Digital versions will be prepared in Word and PDF formats. 7.4 MMRP Project Management LSA staff will undertake a variety of general project management tasks throughout the process of preparing the MMRP including input on scope, budget, and scheduling of the project, and quality assurance for all work undertaken. Day-to-day activities associated with this task include regular client contact; schedule coordination; contract negotiation and management; and development of products. Deliverables • Administrative Draft MMRP • Screencheck Draft MMRP • Final MMRP TASK 8. EIR CERTIFICATION HEARING 8.1 Planning Commission Hearing Amy and/or Kyle will attend one Planning Commission public hearing for certification of the EIR. Additional meetings can be added to the scope as additional services. Upon project approval and certification of the Final EIR, LSA will prepare a Notice of Determination (NOD) for filing and distribution by the County. Optional Task 2: Board of Supervisors Appeal Hearing Attendance As an optional task, Amy Fischer and Kyle Simpson will attend one (1) additional public hearing related to certification of the EIR. Estimated Cost: $2,010 16 LSA EIR 8077 & CUP 3709 STAMOULES PISTACHIO PROCESSING FACILITY ENVIRONMENTAL IMPACT REPORT FRESNO COUNTY, CALIFORNIA Deliverable: Notice of Determination, MS Word and PDF TASK 9. ADMINISTRATIVE RECORD 9.1 Provision of the Administrative Record EXHIBIT A SEPTEMBER 2021 Throughout the environmental review period, LSA will compile and maintain the administrative record, in accordance with CEQA and County guidance. The administrative record will include publicly accessible environmental review documents, including reference materials and relevant communications; public hearing transcripts; public notices; and written comments received on the project from the public and public agencies. An electronic copy of the administrative record will be submitted to the County with the Public Review Draft EIR. The administrative record will also be updated as necessary prior to publication of the Public Review Draft EIR. Optional Task 3: Additional Project Meetings As an optional task, Amy Fischer and Kyle Simpson will attend additional project meetings estimated to be two hours in duration. Estimated Cost: $830 per meeting SCHEDULE The work schedule for preparation and completion of the EIR is shown as Table 2. LSA expects that this schedule could be adjusted to meet the environmental review objectives of the County. COST ESTIMATE For completion of the proposed scope of services set forth in this scope of work, LSA has provided a cost estimate in the form of a spreadsheet that details tasks by assigned personnel (see Table 3 attached). LSA has also included a budget of fifteen (15) percent of the total budget amount ($29,100) to cover any extra work not identified in this scope of work. This budget for extra work would not be used without written authorization from the County. The estimated cost of the LSA team's labor and direct expenses, including the Extra Work Budget, is $223,115. 17 LSA EIR 8077 & CUP 3709 STAMOULES PISTACHIO PROCESSING FACILITY ENVIRONMENTAL IMPACT REPORT FRESNO COUNTY, CALIFORNIA Table 2: Preliminary Schedule ,, -, , ~ ;~ -"' = -= , , , , , , ~ : '.Reseon~i131e, Ba~ , , ,,Milestone , , , , -,, ~ ,:g ~-G -""'"' ~ " ,, , , ,, Notice to Proceed County Project Start-Up Meeting Project Applicant/ County/LSA Draft Project Description 1 LSA Review of Draft Project Description Project Applicant/ County Prepare Administrative Draft Initial Study, NOP and Technical LSA Analyses Review Administrative Draft Initial Study, NOP and Technical County Analyses Prepare Screencheck Draft Initial Study and NOP LSA Review Screencheck Draft Initial Study and NOP County Prepare Public Review Initial Study and NOP LSA 30-Day Public Scoping Period - Prepare Administrative Draft EIR LSA Review Administrative Draft EIR County Prepare Screencheck Draft EIR l5A Review Screencheck Draft EIR County Prepare Public Review Draft EIR_and NOA LSA 45-Day Public Comment Period - Prepare Administrative Draft Final EIR LSA Review Administrative Draft Final EIR County Prepare Screencheck Draft Final EIR and Draft MMRP LSA Review Screencheck Draft Final EIR and Draft MMRP County Prepare Public Review Final EIR and Final MMRP LSA Preparation of CUP Staff Report County EIR Certification Hearing(s) County , ,' , , Our:afion 1 , , , , ,', - 1 week 2 weeks 2 weeks 8 weeks 2 weeks 2 weeks 1 week 1 week 4 weeks 4 weeks 6 weeks 2 weeks 2 weeks 1 weeks 7 weeks 3 weeks 2 weeks 1 week 1 week 1 week 4 weeks >10 days 1 Assumes that all requested project information and materials received within 1 day of start-up meeting EXHIBIT A SEPTEMBER 2021 Gumulative , ",~~eeR , - 1 3 5 13 15 17 18 19 23 27 33 35 37 38 45 48 50 51 52 53 57 59 18 Table 3: Stamoules Pistachio Processin Facilit EIR Cost Estimate j"'"ww,.,.,,. '."~"'"'~"~' tlt>MlT-.b o_i>_~ol_T~,:c 1: D~d1~1~~1'!,lit_ Ke:>~~~~onu pll<,,,ol T••t 2: &>lofd <>IS~poN!,o,1Apptolk<t•tingAlt..,,,_• Op!!or,,IT.,kl.tt «ttM.,.tir>p "'· $19:t,HO. LSA EIR 8077 & CUP 3709 STAMOULES PISTACHIO PROCESSING FACILITY ENVIRONMENTAL IMPACT REPORT FRESNO COUNTY, CALIFORNIA This page intentionally left blank EXHIBIT A SEPTEMBER 2021 20 EXHIBIT C EXTRA SERVICES Extra Services shall be limited to those services reasonably necessary to complete the project work that County and Consultant mutually agree were not anticipated during the preparation of the work program proposal, when a request to perform such services was submitted by the Consultant and approved in writing by the Director or his designee prior to their performance. In addition to the services addressed above, the Consultant shall have a legitimate basis pursuant to the provisions of the Consultant Agreement to request either authorization to provide Extra Services or a revision to the Work Program, Cost Estimate, and Work Schedule of the Agreement if any of the following occur: 1. County makes material modifications to the project subsequent to the approval of the Agreement, which necessitate making substantial and material changes in the project analysis, text tables, maps or figures. 2. Modifications are required to the Work Program due to comments received in response to the Notice of Preparation of the Draft EIR or public review of the project documents. 3. Technical, engineering, design, or other studies not specified in the Work Program are required for project analysis, mitigation measures or programs, the Mitigation Monitoring and Reporting Program, responses to comments on the Draft EIR, or other purposes. 4. In the event the project and/or the EIR is subject to litigation, additional work associated with the litigation is required such as reviewing or responding to briefs, giving depositions and appearing in court. The total sum of compensation for Extra Services shall be limited to the amount deemed sufficient by the Director or his designee following discussion of the proposed scope of additional work with the Consultant which shall include representations made by the Consultant as to the reasonably-expected amount of time that will be required to fully perform all Extra Services discussed in said meetings(s) or telephone conferences.