HomeMy WebLinkAbout06 - Preparation of EIR for Uptown Newport Mixed Use PA2011-134CITY OF
NEWPORT BEACH
C9C /Fp0.N`P City Council Staff Report
6
Agenda Item No.
October 23, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3226, kbrandt(c newportbeachca.gov
PREPARED BY: Rosalinh Ung, Associate Planner
APPROVED: D.
� 1
TITLE: Amendment to the Professional Services Agreement with The
Planning Center DC &E for the Preparation of the Environmental
Impact Report for the Uptown Newport Mixed Use Residential
Development located in the Airport Area
ABSTRACT:
Staff requests approval of an amendment to the Professional Services Agreement in the
amount of $48,548 with The Planning Center DC &E for continued environmental
consulting services for the preparation of an environmental impact report for the
proposed Uptown Newport project.
RECOMMENDATION:
Approve the amendment to the Professional Services Agreement (Attachment A) and
authorize the Mayor and City Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item. The entire cost of the consulting services
will be reimbursed to the City by the applicant, Shopoff Management, Inc. on behalf of
Uptown Newport, LP.
DISCUSSION:
Shopoff Management, Inc. has filed an application for the development of a mixed use
residential project consisting of 1,244 residential units, 11,500 square feet of
neighborhood - serving retail space, and approximately two acres of park space on a 25-
acre site formally known as "Conexant" property.
1
The Planning Center DC &E Contract Amendment
October 23, 2012
Page 2
The project requires the preparation of an environmental impact report (EIR), and in
September 2011, the City entered into a professional services agreement with The
Planning Center DC &E which stipulated that the total cost shall not exceed $254,114.
Since then, the City Manager approved three (3) separate amendments to the original
agreement consistent with Council Policy F -14, bringing the total contract amount to
$310,980. These amendments were necessary to authorize services over and above
the original scope of services that included additional meetings and project
management hours, additional technical studies related to health risks, noise, vibration,
traffic, and an air quality /green house gas assessment.
The proposed amendment includes a budget increase of $48,548, bringing the total
contract amount to $359,528. This augment is required to cover the cost of additional
services that were not anticipated in the original 2011 Professional Service Agreement
or previously- approved amendments. These additional costs are attributable to the
following tasks:
• Draft EIR. Additional work efforts included, but were not limited to, extensive
review and revisions to the Hazards, Noise, and Alternative Sections of the
Administrative Draft EIR.
• Team Meeting and Public Meeting Attendance. Additional team meetings and
participation at a Planning Commission study session were required. The budget
augment includes the additional meetings and hearings attended to date as well
as anticipated future Planning Commission hearings.
• Project Management. Additional project management time is required for project
coordination and conference calls.
• Revision to Technical Studies. Revision to the noise and vibration and off -site
consequence studies and changes the Noise and Hazards Sections of the
Administrative Draft EIR.
Since the proposed amendment would exceed 125 percent of the original agreement,
City Council approval is required pursuant to Council Policy F -14.
ENVIRONMENTAL REVIEW:
The retention of consultants is not a project as defined by California Environmental
Quality Act (CEQA).
2
The Planning Center DC &E Contract Amendment
October 23, 2012
Page 3
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:
I yk�",zr-
Kimberly Brand , AICP
Director
Attachment: A. Amended Professional Services Agreement with The Planning
Center DC &E
3
11
Attachment No. A
Amended Professional Services
Agreement with The Planning
Center DC &E
0
NO
C -4941
AMENDMENT NO. FOUR TO
PROFESSIONAL SERVICES AGREEMENT
WITH THE PLANNING CENTER / DC &E FOR
ENVIRONMENTAL ANALYSIS FOR THE UPTOWN NEWPORT VILLAGE
MIXED USE DEVELOPMENT
THIS AMENDMENT NO. FOUR TO AGREEMENT FOR PROFESSIONAL
SERVICES ( "Agreement') is made and entered into as of the day of October,
2012, by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and Charter City ( "City "), and THE PLANNING CENTER / DC &E, a
California corporation ( "Consultant'), whose address is 3 MacArthur Place, Suite 1100,
Santa Ana, CA 92707 and is made with reference to the following:
RECITALS
A. On September 27, 2011, City and Consultant entered into a Professional
Services Agreement ( "Agreement') for Environmental Analysis for the Uptown
Newport Village Mixed Use Development ( "Project').
B. On February 27, 2012, City and Consultant entered into Amendment No. One to
the Agreement to extend the term of the Agreement, increase the scope of
services to be performed, and increase the total compensation to Consultant
( "Amendment No. One ").
C. On July 12, 2012, City and Consultant entered into Amendment No. Two to the
Agreement to extend the term of the Agreement, increase the scope of services
to be performed, and increase the total compensation to Consultant
( "Amendment No. Two ").
D. On August 3, 2012, City and Consultant entered Amendment No. Three to the
Agreement to increase the scope of services to be performed and increase the
total compensation to Consultant ( "Amendment No. Three ").
E. City desires to enter into this Amendment No. Four to increase the scope of
services to be performed and increase the total compensation to Consultant
( "Amendment No. Four ").
F. City and Consultant mutually desire to amend this 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 and Exhibit A of the Agreement, as previously amended, shall be
supplemented to include the Request for Contract Amendment No. 4 for the Uptown
Newport Environmental Impact Report (EIR) dated September 18, 2012 (updated
October 3, 2012), which is attached hereto as Exhibit A and incorporated herein by
reference. Exhibit A of the Agreement, as amended, and Exhibit A of Amendment No.
The Planning Center / DC &E
Four shall collectively be known as "Exhibit A ". City may elect to delete certain tasks of
this Exhibit A at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B of the Agreement, as previously amended, shall be supplemented to
include the Cost Estimate dated September 18, 2012 (updated October 3, 2012), which
is attached hereto as Exhibit B and incorporated herein by reference. Exhibit B of the
Agreement, as amended, and Exhibit B of Amendment No. Four shall collectively be
known as "Exhibit B ".
Section 4.1 of the Agreement, as previously amended, shall be amended in its
entirety and replaced with the following: Consultant shall be paid by the Project
applicant for the Services through a deposit account on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and Exhibit B of the
Agreement. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Three Hundred Fifty -Nine Thousand Five Hundred Twenty -Eight Dollars and
00 /100 ($359,528.00) 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]
The Planning Center/ DC &E 2
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: j (;
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
r /1'V By:
on C. Harp Nancy Gardner
City Attorney Mlp (0 —t0 Mayor
Attachments: Exhibit A
Exhibit B —
CONSULTANT: THE PLANNING
CENTER DC &E,
a California corporation
Date:
By:
William Halligan
Vice President, Environmental Services
Date:
Bv:
Keith McCann
Chief Financial Officer
[END OF SIGNATURES]
— Services to Be Performed: Request for Contract
Amendment No. 4 for Uptown Newport Environmental
Impact Report (EIR) dated 9/18/12 (updated 10/3/12)
Schedule of Billing Rates: Cost Estimate dated
9/18/12 (updated 10/3/12)
The Planning Center/ DC &E 9
EXHIBIT A
SERVICES TO BE PERFORMED
The Planning Center/ DC &E 10
September 18, 2012 (updated October 3, 2012)
Ms. Rosalinh Ung, Associate Planner
Planning Department
City of Newport Beach
3300 Newport Blvd., Bldg. C
Newport Beach, CA 92663
Subject: Request for Contract Amendment No. 4 for the Uptown Newport
Environmental Impact Report (EIR)
Dear Ms. Ung:
Pursuant to our conversations, this letter is to request Contract Amendment No.4 for our services on the Uptown
Newport Environmental Impact Report (EIR). This request replaces the previous Contract Amendment No. 4 as
forwarded to you on August 21, 2012. As you are aware, the scope of work for the Offsite Consequence Analysis
(OCA) was modified per the City's Fire Department's request subsequent to that submittal. This request also covers
additional fees for meetings as requested by the City and out -of -scope tasks completed by The Planning Center l DC &E
for noise analysis (pile driving modeling), Screencheck EIR revisions, and project management for an extended
schedule. We have detailed the tasks in accordance with the original task numbering for our approved scope of work.
We have not included the tasks for which we are not requesting changes.
The Planning Center I DC &E
TASK 4 ADEIR I AND II
Additional time spent on this task was primarily related to extensive back and forth review and revisions on the ADEIR
with multiple reviewers on both the City and applicant teams. To expedite the project schedule, Initial EIR sections
were submitted as completed beginning at the end of April 2012. The section -by- section review was followed by
team review of the entire document (exclusive of the Alternatives section and Executive Summary) prior to the all -day
City, applicant, and consultant team meeting held on June 7, 2012. Compared to an approved budget of a total 56
hours ($6,627) to conduct two iterations of document revisions, over 200 hours were expended on revisions
subsequent to the initial submittal of EIR sections. Following is a summary of unanticipated work on the ADEIR:
• Extensive work for the hazards section to incorporate original OCA analysis and then subsequent re -work of the
OCA. The hours required to address chemical storage issue and integrate the OCA into the ADEIR were not
included in the cost estimate for the technical study itself.
• Technical review, coordination and correspondence on Phase 1 report conducted by The Planning Centers DC &E's
Peter Garcia (Director, Site Assessment Strategies) to substantiate report conclusions and refine hazard mitigation
for onsite contamination (prompting RM Environmental clarification memo on the Phase 1 dated 6/20/12).
Integration of the supplemental information to EIR Hazards section.
• EIR hazards update for new FAA findings letter.
• Revision to Noise/Vibration section to incorporate supplemental analysis conducted by applicant's consultant
(Wilson Ihrig Associates memo 6/29/12)
• Revised figures subsequent to original preparation including tower footprint, shade shadow exhibits, and sewer
Orange County r Northern Cnlifomia ` tos Angeles /Downtown - Eo5- Angeles/West . tnlon4 'F7ripire San Diego
] MaeA.,ttar 7laa<'Suir ®11001 1 Sala Ana CA,92707 171AS6&42_20 171 e,96S221 (Fj' Ww .pldnningtenter.iom
i1
September 18, 2012 (updated October 3, 2012)
Page 2
plan exhibits
• Revise 'Office/Commercial /Residential' alternative from original description including 400 residential units to
updated description including 800 units (additive units and bonus density), including quantified analysis.
• Re- formatting (word - processing) and editing sections per revisions requested above.
TASK 9 MEETINGS /HEARINGS
There were no changes to this task in Contract Amendment No. 3. Contract Amendment No. 2 added fees to cover
our attendance at a 5/16/12 noise/vibration meeting, the all -day EIR team review meeting (held (3/7/12), and an
anticipated 3 hour team meeting to review DEIR comment letters upon close of the DEIR review period. The contract
was also amended at this time to add 2 public hearings for a total of 4 public hearings. At the time Contract
Amendment No. 2 was approved, we had one remaining coordination meeting. Our attendanceat a 6/25/12 meeting
with the City (with Planning and Fire Departments) used this allocation. Remaining, approved meetings, therefore,
include the DEIR comment review meeting, and 4 public hearings.
The City anticipates the following meetings/hearings prior to the anticipated project approval at the end of this year:
• Two (2) Planning Commission study sessions (tentatively 1014 and 10/18/12)
• Two (2) Planning Commission Public Hearings
• Two (2) City Council Public Hearings
The public hearings are included in our contract as amended. This contract amendment includes fees for the
following:
• Attendance /participation at the 8/28/12 meeting (2.5 hours) with City applicant to coordinate updates to the OCA
(JoAnn attended at City and Cathy Fitzgerald participated via conference call)
• Attendance/participation in 2 Planning Commission study sessions at an estimated 2 hours /each (includes
attendance by JoAnn Hadfield and one other staff person (technical support (AQ /Noise/GHG or Jorge Estrada,
Assistant Project Manager)
TASK 10 PROJECT MANAGEMENT
Contract Amendment No. 2 included additional fees for ongoing project management based on an estimated 12-
week extension of the original project schedule. The original schedule estimated that the Draft EIR would go out for
public review on 4/6/12, and at the time of the 2nd Contract Amendment, the team's estimated schedule for public
release of the EIR was 6/29/12. Release of the DEIR was extended until 9/10/12, an additional 10 weeks from the
projected date for Contract Amendment No. 2. Our proposal estimated project management (project coordination
including City, applicant, and consultant team, project scheduling, etc.) based on 1 hour /week for the Project
Manager (JoAnn) and 11/2 hours for the Assistant Project Manager (Jorge). Project coordination, particularly phone
calls related to the OCA and hazards issues, exceeded the 1 1/2 hours/week for JoAnn. An additional 10 hours have
been included in this amendment for topic- specific project coordination and conference calls.
Technical Studies
Noise & Vibration
At the request of the project applicant, we revised the noise modeling and EIR section to accommodate pile driving
for the project. Subsequently, the project applicant requested that the pile driving be eliminated, and the construction
activities had to be remodeled. The additional fee for this task reflects the modeling efforts and updating the EIR
section, including tabular noise levels, to reflect these changes (8 hours total).
12
September 18, 2012 (updated October 3, 2012)
Page 3
Offsite Consequence Analysis - Revision
The scope of work included in Contract Amendment No. 3 was the preparation of an Offsite Consequence Analysis
(OCA) to identify and characterize the quantities and locations of chemicals of concern at the TowerJazz Facility and
to determine the likelihood and impact of a potential chemical release at the facility. Based on The Planning
Centers DC &E's August 2, 2012, conference call with the City of Newport Beach (Planning and Fire Departments), this
task includes supplementing the original study to address the extremely hazardous substances (EHSs) on the list
provided by the City that exceed reportable quantities, as listed in Appendix A, Part 355, Title 40 of the Code of
Federal Regulations (CFR). The chemicals that will be evaluated are as follows:
• Anhydrous ammonia
• Boron trichloride
• Chlorine
• Hydrofluoric acid (49 %)
• Sulfuric acid (96 %)
The analyses will consist of the following:
• Worst -case scenarios — Analyzed using RMP *Comp, nighttime meteorological conditions (Stability Class F and wind
speed of 1.5 m /sec), and instantaneous release from the largest container stored onsite. Passive mitigation
measures, such as diked areas or releases inside buildings, may be considered per EPA OCA guidance.
• Alternative release scenarios — Analyzed using RMP *Comp and ALOHA and daytime meteorological conditions
(Stability Class D and wind speed of 3 m /sec). More realistic release scenarios, such as releases from a hole in a tank
or piping, will be considered, and active mitigation measures, such as automatic shutoff valves or water spray
mitigation, may be considered per EPA OCA guidance.
• Impacts — Evaluated using endpoints specified in Appendix A to 40 CFR 68 — Table of Toxic Endpoints.
In addition, the quantities and locations of the chemicals that will be analyzed, as well as how they are stored (i.e.,
enclosed building, open environment, diked area), will be obtained from TowerJazz through Brian Rupp.
[Note: Subsequent to the initiation of this task, conflicting information for the location and quantities of hydrofluoric
acid and sulfuric acid were provided. Two more model runswere required for each chemical, and six additional hours
were required to complete the task. The cost estimate below includes these hours as verbally approved by the City.]
Cost Estimate
To limit the amount of the overall cost estimate for this amendment, as detailed in the cost table below, we are
requesting to transfer some of the direct cost fees (primarily for report reproduction) to labor fees. We do not
anticipate that the total $23,274 allocated for direct costs will be required. Additionally, we are requesting the
remaining budget for the biological resources assessment be transferred to supplement the ADEIR preparation (Task
4) budget. The biological resources assessment has been completed, and our subconsultant, Ruben Ramirez has
confirmed that no additional invoices will be submitted.
The total cost estimate for the additional work detailed in this contract amendment is $48,548. Approval of this
amendment and associated fee transfers between tasks and direct costs, would result in a total contract amount for
the Uptown Newport EIR of $359,528 (including Contract Amendment Nos. 1 to 3).
13
September 18, 2012 (updated October 3, 2012)
Page 5
Acknowledgment
If you have any questions about the contents in this contract amendment, please contact me at 714.966.9220 or
jhadfield@planningcenter.com.
Respectfully submitted,
THE PLANNING CENTERIDC &E
JoAnn C. Hadfield
Principal, Environmental Services
14
EXHIBIT B
SCHEDULE OF BILLING RATES
COST ESTIMATE DATED SEPTEMBER 18, 2012 (UPDATED OCTOBER 3, 2012)
The Planning Center/ DC &E
15
September 18, 2012 (updated October 3, 2012)
Page 4
Cost Estimate
Table 1. Cost Estimate
TASK
TOTAL APPROVED
CONTRACT (THROUGH
AMEND. # 3, DATED
7/10/12
REQUESTED
CONTRACT
AMENDMENT # 4
TOTAL
ORAFTEIR �r ."s€b,.`,8,"zv,s. -,. ;:^:.;m-
_ c -
Task 1 Project Initiation
$3,700
-
$3,700
Task 2 Initial Study/NOP
6,540
-
6.540
Task 3 Public Scoping Meeting
1,680
Offsite Consequence Analysis- TowerJaa Semiconductor
4,180
Task 4.1 - ADEIRI
66,160
Subtotal TPC I DC&E Technical Studies
66,160
Task 4.1 -ADEIR II
6,960
31,965
38,925
Task 5 Preprint and Draft EIR
4,575
-
4,575
Task 6 Final EIR - RTC/Errata
16,710
-
16,710
Task 7 Mitigation Monitoring & Reporting Program
1,440
-
1,440
Task B F0F/SOCMOD
2,800
-
2,800
Task 9 Meetings/Hearings
19,060
2,843
21,903
Task 10 Project Management
23,040
5,700
28,740
CEQA TASKS TOTAL LABOR
$152,665
$40,508
$193,173
TRANSFER FEE REQUEST TO CEQA LABOR
Remaining Biological Resource Budget (study complete)
$2,624
$2,624
2/3 report reproduction budget
13,053
13,053
TOTAL CEQA TASKS LABOR WITH TRANSFERRED FEES
$152,665
$56,185
$208,850
The Planning Center
Air Quality /GHG
$11,410
($2,624)
$11,410
Health Risk Assessment
7,920
7,920
Environmental Site Assessment (peer review only)
680
680
Noise/rraffic
13,750
920
14,670
Offsite Consequence Analysis- TowerJaa Semiconductor
4,180
7,120
11,300
Subtotal TPC I DC&E Technical Studies
$37,940
$8,040
$45,980
Subconsultants (billed at cost + 10 %)
Cadre(Bio)
$7,128
($2,624)
$4,504
Cogstone (Cultural)
9,600
9,600
Kimley -Horn (Traffic)
76,692
76,692
Task 1 Remove and Add Study Scenarios
Task 2 Develop Link Volumes for Noise Analysis
Task 3 Add Analysis of Freeway Mainline Segments for
Existing Plus Project Scenario
Task 4 Additional Team Meetings and Public Hearings
3,581
3,581
Subtotal Subconsultants Technical Studies
$97,001
($2,624)
$94,377
TECHNICAL STUDIES TOTALS
$134,941
$5,416
$140,357
Labor Subtotal
$287,606
$61,601
$349,207
Reimbursable Expenses (includes 10% mark -up)
$23,374
-
$23,374
Reimbursable Expense Adjustment
($13,053)
($13,053)
^,
?_e1(7 SQ .S3
a+ - $48:548;'
;i359,�i28a3
10