RPVCCA_CC_SR_2013_04_02_G_EIR_Contract_Amdmt_Zone_2_Landslide_Moratorium_Ord_RevisionsCITY OF
4o RANCHO PALOS VERDES
MEMORANDUM
Project Manager:Eduardo Schonborn,AICP,Senior Planne'TY-~
HONORABLE MAYOR &CITY COUNCIL MEMBE
JOEL ROJAS,COMMUNITY DEVELOPMEN ......"'"....
APRIL 2,2013
EIR CONTRACT AMENDMENT FOR THE ZONE 2 LANDSLIDE
MORATORIUM ORDINANCE REVISIONS (ZON2009-00409);
Location:"Zone 2"of the City's Landslide Moratorium Area
REVIEWED:CAROLYN LEHR,CITY MANAGE
TO:
FROM:
DATE:
SUBJECT:
RECOMMENDATION
Authorize the Mayor and the City Clerk to sign Amendment No.1 to the professional
services agreement with Rincon Consultants for an additional amount not to exceed
$40,750.00 to complete the preparation of an Environmental Impact Report (EIR)for the
Zone 2 Landslide Moratorium Ordinance Revisions (Planning Case No.ZON2009-00409);
and adopt Resolution No.2013-_,a resolution of the City Council of the City of Rancho
Palos Verdes,amending the FY 2012-13 General Fund budget for the additional cost of
the Zone 2 EIR preparation.
BACKGROUND
On March 16,2010,the City Council approved a contract with Rincon Consultants in the
amount of $139,826.00 for the preparation of the Zone 2 Landslide Moratorium Ordinance
Revisions EIR.At this time,an amendment to the contract is needed to cover the cost of
additional time and analysis conducted by Rincon which has become necessary to
complete the Zone 2 EIR.
DISCUSSION
The attached letter from Rincon (dated March 20,2013)describes the additional work
covered by the proposed contract amendment.The additional services performed thus far
plus the additional services that are needed to complete the EIR total $33,957.This
amount is augmented by 20-percent to provide for a $6,793.00 contingency allowance
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Amendment No.1 to Contract for Services -Rincon Consultants,Inc.
Zone 2 Landslide Moratorium Ordinance Revisions EIR
April 2,2013
should the need arise for further work and studies.As such,the resulting total additional
amount of additional services will be $40,750.00.
The attached letter from Rincon (dated March 20,2013)lists the following reasons for this
"Request to Add Services":
•As a result of a court case (Sunnyvale West Neighborhood Ass'n v.City of
Sunnyvale City Counci~,the industry standard practices for evaluating cumulative
traffic impacts in EIRs have changed.This decision was issued by the California
Court of Appeals in December 2010,ten (10)months after Rincon's Zone 2 EIR
proposal was submitted to the City in February 2010,and eight (8)months after the
contract to prepare the Zone 2 EIR was awarded to Rincon in April 201 O.In order
to be consistent with the Sunnyvale decision,the cumulative impact component of
the traffic impact analysis of the Zone 2 EIR was augmented and this resulted in
additional work,as compared to the original scope of work.
•As a result of comments by the City's Public Works Department,an additional study
intersection (Hawthorne Boulevard at Via Rivera)was added to the traffic impact
analysis.Although this intersection was not a part of the original scope of work,
Public Works expressed interest in the analysis of future traffic conditions and
potential cumulative impacts at this intersection.
•Preparation for and attendance at public hearings by senior staff at Hunsaker
Associates (hydrology subconsultant),LLG Engineers (traffic subconsultant)and
LGC Valley (geology subconsultant).While not originally anticipated,Staff
requested that subconsultant staff attend the Draft EIR comment session during the
November 7,2012 City Council meeting so as to be prepared for any public
comments.
•Additional technical support needed for responses to comments from the traffic,
hydrology and geology subconsultants.More time and analysis is required to review
and respond to the main issue areas of concern than was originally budgeted.
This request,plus the contingency,will bring the total cost of the City's Zone 2 EIR to
$180,576.00,as compared to the original $139,826 project budget.This additional cost will
be borne by the City's General Fund,as described below.
FISCAL IMPACT
The recommended action will result in an additional City expenditure of $40,750.Since
this expenditure is not budgeted in the City's current FY12-13 budget,a budget adjustment
is necessary.The proposed budget adjustment would allocate $40,750 from the City's
General Fund to the Planning ProfessionallTechnical Services program within the
Community Development Department's budget.
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Amendment No.1 to Contract for Services -Rincon Consultants,Inc.
Zone 2 Landslide Moratorium Ordinance Revisions EIR
April 2,2013
CONCLUSION
For the reasons noted above and in the attached letter from Rincon (dated March 20,
2013),Staff recommends that the City Council authorize the Mayor and the City Clerk to
sign Amendment NO.1 to the professional services agreement with Rincon Consultants for
an additional amount not to exceed $40,750.00 to complete the preparation of an
Environmental Impact Report (EIR)for the Zone 2 Landslide Moratorium Ordinance
Revisions (Planning Case No.ZON2009-00409);and adopt Resolution No.2013-_,a
resolution of the City Council of the City of Rancho Palos Verdes,amending the FY 2012-
13 General Fund budget for the additional cost of the EIR preparation.With this
amendment,this will allow the consultant to continue work on the responses to comments
and prepare the Final EIR,which Staff anticipates bringing to the City Council for
consideration by this summer.
Attachments:
•Resolution No.2013-_., a resolution of the City Council of the City of Rancho
Palos Verdes,amending the FY 2012-13 General Fund budget for the additional
cost of the Zone 2 EIR preparation
•First Amendment to Agreement for Environmental Consulting Services
•"Request to Add Services for the Zone 2 Landslide Moratorium Ordinance
Revisions EIR"from Rincon Consultants,Inc.,dated March 20,2013
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RESOLUTION NO.2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES,AMENDING RESOLUTION 2012-43,THE BUDGET APPROPRIATION
FOR FY12-13,TO ADJUST THE BUDGET IN THE GENERAL FUND
WHEREAS,on June 19,2012,the City Council of the City of Rancho Palos
Verdes adopted Resolution 2012-43,approving a spending plan and authorizing a
budget appropriation for FY12-13:and
WHEREAS,additional funds are necessary to pay for the City's EIR Consultant
(Rincon Consultants,Inc.),which was directed to conduct additional EIR analysis that was
not anticipated in the original contract in order to minimize unnecessary delays in the
preparation of the document,and to ensure that the appropriate personnel was present at
the commenting meeting with the City Council in November 2012.Further,the City's EIR
Consultant has requested to add services to the contract for additional time and analysis
necessary to respond to the comments received during the Draft EIR circulation period.
WHEREAS,the City Council desires that the FY12-13 budget be adjusted.
BE IT,THEREFORE,RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES:
The following adjustment is made to the FY12-13 budget:
Planning Professional Services 101-4001-441-32-00 $40,750.00
PASSED,APPROVED,AND ADOPTED THE 2 ND DAY OF APRIL 2013.
MAYOR
ATTEST:
CITY CLERK
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I,CARLA MORREALE,City Clerk of The City of Rancho Palos Verdes,hereby certify
that the above Resolution No.2013-was duly and regularly passed and adopted by
the said City Council at regular meeting thereof held on April 2,2013.
CITY CLERK
CITY OF RANCHO PALOS VERDES
G-4
CITY OF RANCHO PALOS VERDES
FIRST AMENDMENT TO AGREEMENT FOR ENVIRONMENTAL
CONSULTING SERVICES
THIS FIRST AMENDMENT TO AGREEMENT FOR ENVIRONMENTAL
CONSU,",TING SERVICES is executed this _day of April 2013,by and between the
City of Rancho Palos Verdes (hereinafter called "CITY"),and Rincon Consultants,Inc.
(hereinafter called "CONSULTANT"),which are referred to collectively as "the Parties."
RECITALS
WHEREAS,on March 16,2010,CITY and CONSULTANT executed a
professional services agreement for environmental consulting services related to the
preparation of an Environmental Impact Report (EIR)for the Zone 2 Landslide
Moratorium Ordinance Revisions project;and,
WHEREAS,in response to additional EIR analysis that was not anticipated at the
time when the original contract was approved,and to ensure that the appropriate
personnel were present at the meeting before the City Council in November 2012,when
public comments were received regarding the environmental review that was to be
conducted,and to pay the CONSULTANT for the additional tasks that already have been
completed,CONSULTANT submitted a request to augment its proposal by performing
additional services,which is attached hereto as Exhibit "c"and incorporated herein by this
reference;
NOW,THEREFORE,the Parties agree as follows:
Section 1.Section 1 of the Agreement,entitled CONSULTANT'S Services,is
hereby amended to add the following paragraph:
g.CONSULTANT shall perform the additional professional services for the
Zone 2 Landslide Moratorium Ordinance Revisions project,as'set forth in the "Request
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to Add Services for the Zone 2 Landslide Moratorium Ordinance Revisions EIR"from
CONSULTANT, dated March 20,2013,which is attached hereto as Exhibit "C"and
made part hereof by this reference.
Section 2.Section 3 of the Agreement,entitled Compensation.is hereby
amended to add the following paragraph:
CITY agrees to compensate CONSULTANT,and CONSULTANT agrees to
accept,in full satisfaction for the additional environmental analysis authorized by this
First Amendment to the professional services agreement for the Zone 2 Landslide
Moratorium Ordinance Revisions project,a fixed fee not to exceed $33,957 for the
additional services,resulting in a total cost of the Zone 2 EIR to not exceed
$173,783.00.
Section 3.Section 15 of the Agreement,entitled Entire Agreement.is hereby
amended to read as follows:
This Agreement,as modified by this First Amendment,represents the entire
integrated agreement between CITY and CONSULTANT and supercedes all prior
negotiations,representations or agreements,either written or oral between the Parties.
Except as expressly modified by this First Amendment,all provisions of the original
professional services agreement between CITY and CONSULTANT,as executed on
March 16,2010,remain in full force and effect.This Agreement may be further
amended only by a written instrument signed by both CITY and CONSULTANT.
EXECUTED the day and year first stated above.
CITY OF RANCHO PALOS VERDES:
By:_
MAYOR
Page 2 of 3
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CONSULTANT:Rincon Consultants,Inc.
By:_
Its:--------------
(NamefTitle)
Exhibits:.
"C""Request to Add Services for the Zone 2 Landslide Moratorium Ordinance
Revisions EIR",dated March 20,2013 from Rincon Consultants,Inc.
Page 3 of 3
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Rincon Consultants,Inc.
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March 20,2013
Job No.10-65790
Eduardo Schon born,Senior Planner
Planning Division,Community Development Department
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes,California 90275
Re:Request to Add Services for the Zone 2 Landslide Moratorium
Ordinance Revisions EIR
Dear Mr,Schonborn;
This letter 15 Rincon Consultants'request to add services to our existing agreement for the Zone
2 Landslide Moratorium Ordinance Revisions EIR.The request covers additional tasks and out-
of-scope work already completed under prior requests and authorizations as well as proposed
additional tasks and out-ot-scope work based on current circumstances.
These can be generally diVided into three categories:
1.Specific additional EIR analysis requested by the City that was not anticip.ated in our
original scope of work and budget.This consists primarily of additional traffic analysis.
2.Unanticipated project management time and hearing attendance resulting from a longer
and more complex overall CEQ,A process than originally anticipated.An extended process
and lengthened project schedule require more project management and administrative
time than a standard si.x-to 12-month EIR schedule.The typical time needed to track the
project and related Issues and coordinate with City staff and internally Increases
commensurate with the overall project timeline.We kicked off the Zone 2 project in
April of 2010.What was originally planned as a 10-to 12-month process has now
extended to 36 months.
3.Additional time and analysis required to respond to the City's receipt of more,and more
detailed,comments on the Draft EIR than anticipated In our original proposal.Although
public interest and thus the number of letters were expected to be relatively high,more
pertinent Is that many of the letters are long and contain multiple comments,many
technical In nature.This will require more time from our subconsultants to review and
respond to the main issue areas of concern -traffic,hydrology and geology -than
originally budgeted for the response to comments task.
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Mr.Eduardo Sohonbom,AICP
Page 2 of 2
The additional tasks are summarized in the table below.Those that have already been
completed under prior authorizations are marked accordingly.
TASK
Our subconsultant LLG !Engineers analyzed "!Existing +Project"conditions for buildout
of all 47 properties that would be affected by the proposed ordinance revisions,
consistent with the Sunnyvale Wf)st Neighborhood Assn.v.City of Sunnyvale City
Council court case,and analyzed potential traffic Impacts at one additional
intersection,Hawthorne Boulevard at Via Rivera,as requested by City of Rancho
Palos Verdes Public Works staff.[Authorized and completed in Maroh 2011j
Traffic sensitiVity testing for an adjw~tment to the cumulative projects list.LLG Engineers
analyzed traffic impacts at key affected intersections using the same project plus
cumulative development scenario used in the current version of the traffic study,but with
the formerly proposed Annenberg Project at Lower Point Vicente removed from the
cumulative development scenario.[Authorized and completed In Augwst,~012J
Preparation for and attendance at four hearings by senior Hunsaker Associates,LtG
!Engineers and LGC Valley staff [$3,390 authorized in November 2012 and used for
the November 7,2012 hearing]
menta Technical Support -Traffic (l.LG Engineers)
nm Technical Support -Geology (LGC Valley)
COST
$6,367
$1,200
$11,500
$2,950
$4,000
$1,600
$5,500
$840
Accordingly,we are requesting that our existing budget be increased by $33,957 for these
additional services.This would bring the overall budget from $139,826,to $173,783.
Thank you for your consideration of this request If you have any questions regarding this letter,
please contact us at your convenience.
Sincerely,
Rincon Consultants,Inc.
Abe Leider,Alep eEP
Project Manager
Joe Power,Aiel'eEl'
Principal
En.!onmen al Sci e n t ;Planners G-9