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HomeMy WebLinkAbout05 - Project Processing AssistanceQ SEW POST CITY OF NEWPORT BEACH CqC /FOR�P City C®uncH Staff Report Agenda Item No. 5 July 10, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Director of Public Works 949 - 644 -3311, sbadum(cDnewportbeachca.gov PREPARED BY: David Webb, Deputy Director of Public Works /City Engineer APPROVED: TITLE: Approval of Amendment No. 6 to Professional Services Agreement with Schmitz & Associates for Project Processing Assistance ABSTRACT: The City entered into a Professional Services Agreement with Schmitz & Associates, Inc., for Coastal Development Permit (CDP) preparation, processing and support services for the Sunset Ridge Park and Marina Park projects. Additional services are required for supplemental analyses, meetings, and correspondence to address on -going California Coastal Commission (CCC) issues. RECOMMENDATION: Approve Amendment No. 6 to the PSA with Schmitz & Associates, Inc. (Schmitz) of Malibu, California for California Coastal Commission application preparation, processing and support services at an additional Contract Cost of $52,825 and authorize the Mayor and the City Clerk to execute the Amendment. FUNDING REQUIREMENTS: The current contract limit (including all approved amendments) is $375,836.50. With approval of this amendment, the new contract limit will be $428,661.50. Sufficient funding for this contract amendment is available in the current adopted budget. This item will be expensed to the Sunset Ridge Project account No. 7412- C5100515. DISCUSSION: On June 8, 2010, City Council selected Schmitz and Associates to prepare process and provide support services in the pursuit of the necessary Coastal Development Permits (CDP's) for both the Sunset Ridge and Marina Park projects through the California Coastal Approval of Amendment No. 6 to Professional Services Agreement with Schmitz & Associates for Project Processing Assistance July 10, 2012 Page 2 Commission. Since entering the original contract, staff has found it necessary to process four amendments to provide additional compensation in response to both expected and unexpected issues raised by the California Coastal Commission and /or the California State Lands Commission. Both CDP applications have also experienced significant delays associated our efforts to work through these state agencies. Sunset Ridge Park After considerable meetings, additional requested studies, and several plan modifications associated with coastal staff's alleged concerns regarding various areas of vegetation, as well as how our proposed access road connected to PCH and crossed the Banning Ranch Property, the City's preferred Sunset Ridge Project application was finally presented and heard at the November 2011 Coastal Commission meeting in Carlsbad. The City ended up pulling the application prior to the Commission vote due to a number of factors including misinformation presented by the Banning Ranch Conservancy and unacceptable project conditions placed upon the Banning Ranch property owners by Coastal Staff. An alternative park concept plan and Coastal Commission application was then developed and submitted to the Coastal Commission in December 2011. Again, we were confronted with more vegetation and animal concerns as well as their new concern for our ongoing maintenance mowing of the property. In addition to the efforts necessary to process the first and now second CDP application for Sunset Ridge Park, Schmitz and Associates worked with the City in addressing a Notice of Violation issued by the Coastal Commission within the project site area during our first CDP application cycle for Sunset Ridge Park. Even though the Notice of Violation was for a period that the City did not own the property, nor did the City cause the alleged violation, the City chose to take the "High Road" and play an active role in resolving the violation so as to allow the project CDP application to move forward. This issue was resolved in April 2011. Given the continuing active resistance by BRC over the annual historic mowing of the Sunset Ridge property and their desire for this area to be preserved as passive open space use, staff and our consultant have and continue to be spending much more time than envisioned on additional meetings, correspondence, and analyses responding to additional issues raised by the California Coastal Commission. However after much effort, the Coastal Commission hearing for our second application of Sunset Ridge Park is now set for July 12, 2012. Marina Park Schmitz has also been activity engaged in the preparation and filing of the Marina Park CDP application. Marina Park's CDP application was filed in October 2010, and after many delays and turns in the road, it was finally heard and approved at the June 2012 Commission Hearing. This application too turned out to be full of challenges as well. A Tidelands boundary dispute with the State Lands Commission required some unanticipated assistance by Schmitz and Associates to engage the Lieutenant Governor's FA Approval of Amendment No. 6 to Professional Services Agreement with Schmitz & Associates for Project Processing Assistance July 10, 2012 Page 3 office in resolving the tidelands boundary over the Marina Park property. Schmitz assistance was necessary as the Coastal Commission staff would not further our CDP permit for the Marina Park Project until a tideland boundary agreement with the State Lands Commission had been obtained. Neither the issues with the State Lands Commission nor the many additional meetings and correspondence with Coastal Commission staff to move this application forward were originally anticipated. The boundary agreement was eventually resolved to the satisfaction of the City and finalized in March 2012. Twenty special conditions were eventually proposed by Coastal Staff on the project. Many were problematic and required a great deal of Coastal Commission experience to resolve. One of these conditions involved coastal staff's contention that all intra -tidal areas were going to be classified as wetlands, which if applied to the project, would have resulted in the deletion of the proposed Marina and associated Sailing Center. These significant and unanticipated items, as well as continued efforts to work out differences among the Regulatory Agencies have consumed additional City and project consultant resources. This unfortunate additional processing has resulted in an increase in the scope of services required of Schmitz and Associates. These items have also resulted in significant delays in starting construction on both projects. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: r `G. Badum, r of Public Works A. Amendment No.6 to Professional Services Agreement J ATTACHMENT A An AMENDMENT NO. SIX TO PROFESSIONAL SERVICES AGREEMENT WITH SCHMITZ & ASSOCIATES, INC. FOR CALIFORNIA COASTAL COMMISSION APPLICATIONS FOR MARINA PARK AND SUNSET RIDGE PARK THIS AMENDMENT NO. SIX TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. SIX "), is entered into as of this day of 2012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and SCHMITZ & ASSOCIATES, INC. a California Corporation whose address is 29350 Pacific Coast Highway, Suite 12, Malibu, California 90265 ( "Consultant "), and is made with reference to the following: RECITALS: A. On July 22, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for preparation and processing of the California Coastal Commission's Coastal Development Permits Applications services for the Marina Park and Sunset Ridge Park ( "Project "). B. On November 30, 2010, City and Consultant entered into Amendment No. One to the Agreement to increase the scope of work, increase the total compensation and update the insurance requirements ( "Amendment No. One "). C. On April 22, 2011, City and Consultant entered into Amendment No. Two to the Agreement to increase the scope of work and increase the total compensation ( "Amendment No. Two "). D. On October 7, 2011, City and Consultant entered into Amendment No. Three to the Agreement to extend the term of the Agreement, to increase the total compensation and update insurance requirements ( "Amendment No. Three "). E. On January 12, 2012, Clty and Consultant entered Into Amendment No. Four to the Agreement to increase the scope of work and increase the total compensation ( "Amendment No. Four'). F. On February 13, 2012, City and Consultant entered into Amendment No. Five to the Agreement to reflect additional services not included in the Agreement or prior Amendments and to increase the total compensation. G. City desires to enter into this Amendment No. Six to reflect additional Services not included in the Agreement or prior Amendments and to increase the total compensation. H. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended shall be supplemented to include the Supplemental Agreement Estimate dated June 8, 2012, which is attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION Section 4.1 of the Agreement as amended shall be amended in its entirety and replaced with the following: 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section, the Scope of Services and Supplemental Agreement Estimate attached to the Agreement as Exhibit A and the Schedule of Billing Rates attached to the Agreement as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsullant fees, shall not exceed Four Hundred Twenty Eight Thousand, Four Hundred Ninety Five Dollars and 621100 ($428,495.62) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] SCHMITZ & ASSOCIATES, INC. Page 2 ro IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Six on the dates written below. APPROVED AS TO FORM: Cl TY OF NEWPORT BEACH, CITY ATTARN,Fx'S OFFICE A California municipal corporation By: 4-- By: Aarbqi C. Harp Nancy Gardner City Attorney c� Mayor ATTEST: CONSULTANT: SCHMITZ & Date: ASSOCIATES, INC., a California Corporation Date: By: By: Leilani I. Brown Donald W. Schmitz, II, AICP City Clerk Chief Executive Officer and Chief Financial Officer Attachment: Exhibit A — Supplemental Agreement Estimate [END OF SIGNATURES] SCHMITZ & ASSOCIATES, INC. Page 3 I EXHIBIT''. A 61 i a June 8, 2012 Via Email Dave Webb City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 RE: Sunset Ridge Park Project— Supplemental Agreement Estimate Dear Mr. Webb. Schmitz & Associates is pleased to have the opportunity to continue to be of assistance to the City of Newport Beach on the Sunset Ridge Park and Marina Park projects This correspondence serves to provide you with our Supplemental Estimate for the City's consideration and approval. Sunset Ridge Park The currently pending project Coastal Development Permit (CDP) application was submitted to the Coastal Commission in December of 2011. Our previously prepared and approved estimate for this CDP processing assumed only one round of incompletion comments from Coastal staff As you are aware, since our December 2011 submittal, we have had several meetings and phone discussions with Coastal staff wherein they have raised specific issues and made particular requests for additional information. We have worked with the City in preparing the requisite responsive materials. In addition, despite past positive discussions between the City and CCC Deputy Director on the mowing issue, the issue remains unresolved and required more of our involvement than Initially anticipated. Finally, because our April hearing date was postponed by CCC staff and due to the recommendation of denial by CCC staff as per their June 1. 2012 staff report based on the mowing issue, we will be conducting another round of ex parte meetings /communications with Coastal Commissioners and preparing a responsive submittal to the CDP staff report arguments. Activities Estimated Hours Estimated Cost of Services 1. CDP Application Processing, 5 hrs @ $175/hr $2,250 Communications /meetings with CCC staff regarding Plus all requests for additional information and regarding 5 hrs @ $275/hr specific feedback from project application review_ Preparation of responsive materials/ correspondences for submittal to CCC staff as needed. Communications and coordination with City staff and project consultants regarding same. 2. CCC Advocacy. Includes S &A Principal 60 hrs @ $275/hr $17,375 Meeting /Communicating with Coastal Plus Commissioners. Includes preparation of materials for 5 hrs @ $175/hr said ex parte discussions and subsequent preparation of ex parte declarations. PROVIDERS OF LAND USE PLANNING FOR A BETTER COMMUNITY HEA,10U, -,Rf1 RS - IVIAI.I91I OVVMrF 28350 PACIFIC COAST IIWY . SUITE 12 MILIEU. LA 90265 7'_Lt 310.'i89 0773 FAA 3f(LG1.3.0253 EMAIL IPIFO(0), S611MITZ•NPl ^ASSGCIATES.NI -T "ES INC R FGIONAI. CONESO VALLFF L)H ICC i234 C.HESEBRU ROAD, SUITE 200 AGOURA HILLS. CA 91301 1'rl , 11 18.338.363C) FAQ: 818.336 1123 VIEOSITE'. NiWw.5 CH1.11 i ZAl'IDA li64>CIATI'5.CDnA C' 3. CDP Staff Report Discussions) Responses and Hearing Preparations. Meetings /communications with CCC staff on remaining issues /staff report findings and recommendations. Includes meeting with CCC Executive Director on May 8, 2012. Includes coordination regarding potential Sacramento advocacy. Includes preparing a responsive analysis and submittal to CCC staff in response to their June Marina Park 15 hrs @ $275 /hr $7,625 Plus 20 hrs @ $175 /hr As you know, besides the State Lands Commission boundary determination issues (which have been addressed), two of the other primary issues raised by CCC staff on the Marina Park project which have persisted for several months and which have required additional research and analysis and CCC staff meetings were those pertaining to the lighthouse feature and more importantly the wetlands claim. These issues greatly expanded our activities and hours related to Phase III ( "CDP Application Processing /Advocacy with Staff') of our originally approved contract. As such, hours initially allocated for Phase IV ( "CDP Application Hearing Preparation ") were utilized. We are pleased with CCC staff's recommendation of approval. However, as you are aware, there are several Special Conditions recommended by staff to which we have had to respond and counter. As we approach this month's CDP hearing for this project, we respectfully request additional hours for ex parte communications /meetings with Coastal Commissioners and preparation of our PowerPoint presentation and handouts for the CDP hearing. Activities Estimated Hours Estimated Cost of Services 1. Ex Parte Meetings and Communications 40 hrs @ $275/hr $11,825 in Preparation for Hearing. Includes Plus preparation of briefing materials and handout 5 hrs @ $165 /hr documents for CCC ex parte meetings (as requested by some Commissioners). 2. Preparation of PowerPoint and Handouts 60 hrs @ $165/hr $9,900 for June CDP Hearing. Includes modifications based on design team and City staff's feedback. 3. Research and analysis and preparation of 5 hrs @ $275/hr $3,850 correspondence in response to CDP staff Plus report's specific Special Conditions. 15 hrs @ $165 1hr Includes coordination of input from design team and City staff. Includes follow up communications with CCC staff. Subtotal: $25,575 TOTAL (NB -SRP $52,825 and MP): /0 Should you have any questions, please do not hesitate to contact us at (818)338 -3636. We thank you again for this opportunity to be of continued assistance to the City. Sincerely, SCHHMITZ &( ASSOOCIATES, INC. USN o �ua- �lOW Donna Tripp Regional Manager