The URL can be used to link to this page

Home My WebLink About16 - Hyatt Regency Environmental Impact ReportCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 16 October 14. 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Jaime Murillo, Associate Planner (949) 644 -3209, 0 m u rillo(cD city. newport-beach. ca. us SUBJECT: Contract for Environmental Consulting Services Hyatt Regency Environmental Impact Report (EIR) APPLICANT: Sunstone Hotel Investors, Inc. ISSUE In accordance with Council Policy F -14 (Authority to Contract for Services), the City Manager shall provide notice of a permit application and a brief description of the proposed project to the City Council when a contract for professional services is paid for by funds in an applicant deposit account and the total cost for services exceeds $100,000. RECOMMENDATION Receive and File. This report is intended to provide notice to the City Council of a contract for professional services between the City of Newport Beach and The Planning Center for the preparation of an Environmental Impact Report (EIR) associated with a project to expand the existing Hyatt Regency Hotel at 1107 Jamboree Road. The current contract is in the amount of $190,070.00, which was paid for by the project applicant ( Sunstone Hotel Investors, Inc.); however, the scope of work has been expanded to include additional analysis required for additional work beyond the approved scope of work to complete the Final EIR. The approved scope of work assumed a minimal level of response to comments on the Draft EIR and two weeks preparation for the Final EIR; however, numerous lengthy comment letters were received on the Draft EIR, including substantive comments that required additional research, and substantial discussion and coordination with the project team to develop responses. Preparation of the Final EIR October 14, 2008 Page 2 will also require revisions to the Draft EIR and preparation of additional exhibits. The estimated budget to Complete this additional analysis is $46,520.00, resulting in a total contract amount of $236,590.00. The applicant has been notified of the amended contract amount and has agreed to fund the amount. The project includes the addition of 88 timeshare units, an expanded 11,032 square -foot ballroom, a 10,072 square -foot spa and new pool, and a new two -level parking garage. Implementation will require demolition of 12 existing hotel rooms and the Terrace Ballroom and removal of a nine -hole golf course. The expansion will require the following approvals from the City: • A parcel map to reconfigure two existing lots, allowing the timeshares to remain on one parcel and the hotel on the other, and to establish finished grades for the purposes of measuring height. • A use permit to allow the expansion of the existing hotel and establishment of a timeshare development. A use permit is also required to allow the proposed timeshare buildings and ballroom to exceed the 26 -foot base height limit. • A modification permit to allow commercial tandem parking and to allow the architectural tower and finial element of the proposed ballroom to exceed the 35- foot maximum height limit. • A development agreement between the City and the operator of the timeshare development relating to the amount of tax payable to the City for the right of occupancy of the timeshare units. • Certification of an Environmental Impact Report The Final EIR is currently under preparation and will consist of the circulated Draft EIR, the response to comments on the Draft EIR, and revisions to the Draft EIR. An October 23, 2008 Planning Commission hearing is tentatively scheduled for review of the project and EIR. Prepared by: Submitted by: V_e�z. Z44_� daime Murillo, Associate Planner omer Bludau ity anager F :IUSERSIPLN\Shared\Professional Services Agreements & Contracts*iyaR - Planning CenterUiyatt Council Report 3.doC THE PLANNING CENTER August 18, 2008 Governmental Services Planning & Urban Design Environmental Studies School Facilities Planning 1580 Metro Drive Costa Mesa, CA 92626 Mr. Jaime Murillo, Associate Planner Plrone: 714.966.9220 City of Newport Beach 3300 Newport Boulevard Fav 714.966.9221 Newport Beach, CA 92658 �^1P cosmmesa@pJanningcenter.com Subject: Request for Contract Amendment No. 3 for Environmental Services for the Hyatt Regency Newport Beach Project (CNB -09.OE) (As updated September 24, 2008) Dear Mr. Murillo: This letter is to request Contract Amendment No. 3 for The Planning Center's environmental services for the Hyatt Regency Newport Beach Project. Our last contract amendment (December 2007) addressed additional work required to revised the Screencheck EIR prior to its release as a Draft EIR. This amendment is required for additional effort beyond the approved scope of work to complete the Final EIR, including extended meeting attendance to coordinate that effort. This amendment also includes additional effort for IBI to respond to operations and construction- related traffic comments received on the Draft EIR. As summarized in Table 1, Cost Estimate, our existing contract as previously amended for this project is for a total of $190,070, including subconsultants and reimbursables. To complete the processing of this project, we are requesting $42,820 in additional labor fees for The Planning Center and $3,700 in fees for IBI. No additional reimbursable costs are requested. Total contract amount upon approval of this amendment will be $236,590, including subconsultants and reimbursables. THE PLANNING CENTER SCOPE OF WORK Task 1: Initial Study/Notice of Preparation This task has been completed and there are no changes. Task 2: Public Scoping Meeting Subsequent to contract execution, the City decided that a public scoping meeting would not be necessary for the project. The budget for this task was subtracted in Contract Amendment No. 1. Task 3: Screencheck Draft EIR This task has been completed and there are no changes. 3 Mr. Jaime Murlllo, City of Newport Beach August 18, 2008 Page 2 of 5 Task 4: Draft EIR This task has been completed and there are no changes. Task 5: Final EIR /Response to Comments The original contract assumed a minimal level of comment on the Draft EIR and two weeks preparation time for the Final EIR. Numerous lengthy comment letters were received on the Draft EIR, including substantive comments that required additional research, and substantial discussion and coordination with the project team to develop responses. Preparation of the Screencheck Final EIR has also required revisions to the Draft EIR and preparation of additional EIR exhibits. Incoordination with the City and applicant project team, the preparation of the Final EIR (to date) has taken approximately 20 weeks to complete and review per team review comments. Preparation also includes incorporating revisions to the project description relative to landscaping and fuel- modification plans to address fire department requirements. Supplemental detail has been provided by the team and incorporated into the Final EIR, including lighting plans, updated BMPs, fuel modification, visual simulations, grading plan detail, and hydrology/ loodplain information. Additional work required for IBI to assist The Planning Center in preparing Response to Comments for the Final EIR is detailed below under Subconsultants. Task 6: Mitigation Monitoring Program This task has not been initiated and we are not recommending any changes. Task 7: Findings of Fact and Statement of Overriding Considerations This task has not been initiated and we are not recommending any changes. Task 8: Public Hearings /Meetings As included in our Contract Amendment No. 2 scope of work (November 8, 2007), our remaining scope included attendance at up to one additional meeting and up to four public hearings by our project manager. We have attended the following meetings subsequent to the last contract amendment: Date Meeting Purpose 12/21/07 Meeting at City to review SCEIR team comments (3.5 hours. TPC attendees: JoAnn Hadfield and Jorge Estrada) 4/7/08 Meeting at City to review DEIR comments (5 hours. TPC attendee: JoAnn Hadfield) 7/22/08 Meeting at City to review Screencheck Final EIR (3 hours. TPC attendees: JoAnn Hadfield and Azurde Harris) In addition to the additional time required for these meetings, the cost estimate for this contract amendment assumes that Nicole Vermillion from our staff will attend the public hearings with JoAnn Hadfield to address potential air quality, noise, and /or climate change questions on the project. Mr. Jaime Murlllo, City of Newport Beach August 18, 2008 Page 3 of 5 Task 9: Notice of Determination This task has not been initiated and we are not recommending any changes. Task 10: Project Management and Coordination As noted above, the schedule for preparation of the Final EIR was extended substantially beyond the schedule assumed in our scope of work, as amended through Contract Amendment No. 2. Our cost estimate for this task was based on the submittal of the SCEIR by the end of November 2007 and the assumed timeframes in the original proposal for Draft EIR public circulation and preparation of the Final EIR. Based on these assumptions, the Final EIR would be completed 13 weeks from the start of the public review period. Assuming completion of the Final EIR by the end of August, this task will have taken 22 weeks since the close of the public review period. Additional fees for project management and coordination have been based on an estimated 2 hours/week for the additional 9 weeks, in comparison to the contract as approved to date. IBI The following additional scope of work for IBI is based on revisions to their original scope of work as presented in Appendix B of our February 2006 proposal and amended under Contract No. 1. TASK 1: Project Definition No additional work efforts are assumed under Task 1. TASK 2: Existing Conditions No additional work efforts are assumed under Task 2. TASK 3: Future Traffic Conditions • TPO Analysis No additional work efforts are assumed under Task 3. TASK 4: Future Traffic Conditions - CEQA Analysis No additional work efforts are assumed under Task 4. TASK 5: Review of Applicant Parking Study IBI groups was requested to pdate the project parking demand analysis to include a revised size for the existing banquest/meeting facilities. The parking demand update will also include the incorporation of a non-captive user ratio into the parking demand analysis and updates to the traffic study report. TASK 6: Response to Environmental Impact Report Comments Comments received from Caltrans District 12 on the Draft Environmental Impact Report request the analysis of the Pacific Coast Highway /Dover Drive and Pacific Coast Highway/Bayside Drive intersections using the Highway Capacity Methodology (HCM). The City of Newport Beach authorized this analysis in May 2008. The completion of new analysis goes beyond the anticipated scope and budget for this task, which had assumed only the preparation of responses to comments, not new traffic analysis. The budget augment is request to cover the work efforts necessary to complete this analysis. 0 S Mr. Jaime Murlllo, City of Newport Beach August 18, 2008 Page 4 of 5 TASK 7: Meetings No additional work efforts are assumed under Task 7 beyond what current remains in our approved budget. TASK B: Future Traffic Conditions - Construction Analysis The traffic analysis for this task will be revised to assume that all construction trips take access to the site from Back Bay Drive. These revisions will require changes to the construction traffic analysis report, figures, and intersection level of service worksheets. SUMMARY COST ESTIMATEAND SCHEDULE Attached Table 1 summarizes the previously approved contract and requested Contract Amendment No. 3 by task and consultant. This contract amendment request is for a total of $42,820 for The Planning Center labor and $3,700 for IBI labor. No additional reimbursable costs are requested. Approval of this 3rd Contract Amendment would bring the total contract amount to $236,590 for the Hyatt Regency Newport EIR. For purposes of planning and budgeting, it is assumed that the final landscaping plans and view simulations due from the project applicant will be available to The Planning Center August 2008, and that the revised Final EIR will be submitted to the City prior to the end of the month (August 2008). Public hearing attendance is assumed to be completed prior to November 2008. We look forward to working with the City and the Hyatt consultant team to successfully complete this project. Please contact me with any questions you may have regarding this contract amendment �- request. 4 Sincerely, THE PLANNING CENTER JoAnn Hadfield Director, Environmental Services Attachment 3 Mr. Jaime Murlllo, City of Newport Beach August 18, 2008 Page 5 of 5 Table 1 The Planning Center COST SUMMARY Requested Total Approved Contract Original Contract Contract Contract through Amendment Task Contract Amendment # 1 Amendment # 2 12/2007 # 3 Total Task 1. Initial Stud /NOP $4,250 $0 $0 1 $4,250 $0 $4,250 Task 2. Public Scoping Meeting 2,640 -2,640 0 0 0 0 Task 3. Screencheck Draft EIR 46,020 16,800 17,020 79,840 0 79,840 Task 4. Draft EIR 6,450 0 0 6,450 0 6,450 Task 5. Final EIR/Response to Comments 9,200 0 0 9,200 33,775 42,975 Task 6. Mitigation Monitoring Program 750 0 0 750 0 750 Task 7. Statement of Findings /Statement of Overriding Considerations 1,400 0 0 1,400 0 1,400 Task 8. Hearings/Meetings 3,960 4,200 0 8,160 1 2,925 1 11,085 Task 9. Notice of Determination 200 1 0 1 0 1 200 1 0 1 200 01 0 S ILQIIMICI -W II