RPVCCA_CC_SR_2014_05_20_G_EIR_Contract_Amendment_Zone_2_Landslide_MoratoriumCITY OF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:.
SUBJECT:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
JOEL ROJ1§, AICP, COMMUNITY DEVELOPMENT
DIRECTORJ\1"4 6'" :f.~.
MAY 20, 2014
EIR CONTRACT AMENDMENT FOR THE ZONE 2
LANDSLIDE MORATORIUM ORDINANCE REVISIONS
(ZON2009-00409); Location: "Zone 2" of the City's
Landslide Moratorium Area
REVIEWED: CAROLYNN PETRU, ACTING Cl"J'?~ANAGER@
Project Manager: Eduardo Schonborn, AICP, Senior Plan~
RECOMMENDATION
Authorize the Mayor and the City Clerk to sign Amendment No. 2 to the professional
services agreement with Rincon Consultants for an additional amount not to exceed
$29,472.00 to complete additional work for completion of the Final EIR based on new
comments received from the public and adopt Resolution No. 2014-_, a resolution of the
City Council of the City of Rancho Palos Verdes, amending the FY 2013-14 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. Amendment No. 1 was approved by the City Council on April 2, 2013 for
an additional $40,750 for additional time and work on the Zone 2 EIR. On May 6, 2014,
the City Council heard public testimony on the Final EIR, Draft CEQA findings and the
proposed Draft Ordinance revising the City's Landslide Moratorium Ordinance to establish
an exception category to allow the development of the 31 undeveloped (non-Monks
plaintiffs' lots) lots in Zone 2. The City Council continued the public hearing to June 17,
2014 and directed Staff and its consultants to address the additional comments submitted
after the comment period closed on the Draft EIR and the comments received in response
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MEMORANDUM: EIR Contract Amendment No. 2 (Case No. ZON2009-00409)
May 20, 2014
Page 2
to the Final EIR. As a result of addressing the additional comments, Amendment No. 2 to
the contract is needed to cover the cost of additional time and analysis conducted by
Rincon to assist Staff in addressing the most recent comments on the Final EIR that was
completed in March 2014.
DISCUSSION
As indicated in the May 6, 2014 Staff Report to the City Council, the funds currently
allocated for the preparation of the EIR document have either been spent, or are
encumbered. As such, on May 8, 2014, the consultant provided Staff with a request to
amend the contract to increase the budget allocated for this project.
The attached letter from Rincon (dated May 8, 2014) describes the additional work covered
by the proposed contract amendment. In summary, the reasons for this "Request to Add
Services" includes responding to additional comments by Rincon and by the technical sub-
consultants, which include traffic engineering, and geotechnical and hydrology staff. The
cost also includes attendance at future City Council meetings by personnel from the
environmental consulting firm and the sub-consultants that prepared the technical reports.
The additional services performed thus far plus the additional services that are needed to
complete the EIR total $24,560. This amount is augmented by 20-percent to provide for a
$4,912.00 contingency allowance should the need arise for further work and studies. As
such, the resulting total additional cost for the additional services will be a maximum of
$29,472.00.
This request, plus the contingency, will bring the total cost of the City's Zone 2 EIR to
$210,048.00, as compared to the original $139,826 project budget in 2010. 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 up to $29,472.
Since this expenditure is not budgeted in the City's current FY13-14 budget, a budget
adjustment is necessary. The proposed budget adjustment would allocate up to
$29,472.00 from the City's General Fund to the Planning Professional/Technical Services
program within the Community Development Department's budget.
CONCLUSION
For the reasons noted above, in the attached letter from Rincon (dated May 8, 2014) and
City Council direction on May 6, 2014, Staff recommends that the City Council authorize
the Mayor and the City Clerk to sign Amendment No. 2 to the professional services
agreement with Rincon Consultants for an additional amount not to exceed $29,472.00 to
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MEMORANDUM: EIR Contract Amendment No. 2 (Case No. ZON2009-00409)
May 20, 2014
Page 3
complete additional work for completion of the Final EIR based on new comments received
from the public and adopt Resolution No. 2014-_, a resolution of the City Council of the
City of Rancho Palos Verdes, amending the FY 2013-14 General Fund budget for the
additional cost of the Zone 2 EIR preparation. With this amendment, this will allow the
consultant to continue work on the responses to comments, which Staff anticipates
bringing to the City Council for consideration on June 17, 2014.
Attachments:
• Resolution No. 2014-_, a resolution of the City Council of the City of Rancho
Palos Verdes, amending the FY 2013-14 General Fund budget for the additional
cost of the Zone 2 EIR preparation
• Second 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 May 8, 2014
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RESOLUTION NO. 2014-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, AMENDING RESOLUTION NO. 2013-43, THE BUDGET APPROPRIATION
FOR FY13-14, TO ADJUST THE BUDGET IN THE GENERAL FUND
WHEREAS, on June 18, 2013, 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 is present at
the public meeting with the City Council in June 2014, and conduct additional analyses.
Further, the City's EIR Consultant has requested to add services to the contract for
additional time and analysis necessary to respond to additional comments received after
preparation of the Final EIR.
WHEREAS, the City Council desires that the FY13-14 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 FY13-14 budget:
Planning Professional Services 101-4001-441-32-00 $29,472.00
PASSED, APPROVED, AND ADOPTED THE 20TH DAY OF MAY 2014.
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. 2014-_ was duly and regularly passed and adopted by
the said City Council at regular meeting thereof held on May 20, 2014.
CITY CLERK
CITY OF RANCHO PALOS VERDES
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CITY OF RANCHO PALOS VERDES
SECOND AMENDMENT TO AGREEMENT FOR ENVIRONMENTAL
CONSUL TING SERVICES
THIS SECOND AMENDMENT TO AGREEMENT FOR ENVIRONMENTAL
CONSULTING SERVICES is executed this 20th day of May 2014, by and between the
City of Rancho Palos Verdes (hereinafter called "CITY"), and Rincon Consultants, Inc.
(hereinafter called "CONSUL TANT"), 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, on April 2, 2013, CITY and CONSUL TANT executed the First
Amendment to the 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 or the First Amendment were approved, to ensure that the
appropriate personnel are present at the meetings before the City Council, 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,
CONSUL TANT submitted a request to augment its proposal by performing additional
services, which is attached hereto as Exhibit "A" and incorporated herein by this reference;
NOW, THEREFORE, the Parties agree as follows:
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Section 1. Section 1 of the Agreement, entitled CONSULT ANT'S Services, is
hereby amended to add the following paragraph:
g. CONSUL TANT shall perform the additional professional services for the
Zone 2 Landslide Moratorium Ordinance Revisions project, as set forth in the "Request
to Add Services for the Zone 2 Landslide Moratorium Ordinance Revisions EIR" from
CONSUL TANT, dated May 8, 2014, which is attached hereto as Exhibit "A" 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 CONSUL TANT, and CONSUL TANT agrees to
accept, in full satisfaction for the additional environmental analysis authorized by this
Second Amendment to the professional services agreement for the Zone 2 Landslide
Moratorium Ordinance Revisions project, a fixed fee not to exceed $24,560 for the
additional services, resulting in a total cost of the Zone 2 EIR to not exceed $196,383.
Section 3. Section 15 of the Agreement, entitled Entire Agreement, is hereby
amended to read as follows:
This Agreement, as modified by this Second 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 Second Amendment, all provisions of the original
professional services agreement between CITY and CONSUL TANT, 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:
MAYOR
Page 2 of 3
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CONSULTANT: Rincon Consultants, Inc.
By: _____________ _
Its: --------------
(Name/Title)
Exhibits: ·
"A" "Request to Add Services -Zone 2 Landslide Moratorium Ordinance Revisions
EIR", dated May 8, 2014 from Rincon Consultants, Inc.
Page 3 of 3
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May 8, 2014
Job No. 10-65790
Eduardo Schonborn, Senior Planner
Planning Division, Community Development Department
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
R.ancho Palos Verdes, California 90275
Rincon Consultants, !ric.
180 North Ashwood Avenue
Ventura, California 93003
805 644 4455
FP.X 644 4240
1 nl o@rrnc onconsultants. com
www. rin cone on s ult ants.com
Re: Request to Add Services -Zone 2 Landslide Moratorium Ordinance Revisions EIR
Dear Mr. Schonborn:
This letter is Rincon Consultants' request to add services to our existing agreement for
the Zone 2 Landslide Moratorium Ordinance Revisions EIR. The City has asked that the
Rincon team provide written responses to public comments on the Final EIR, a task that
is not within our current scope of work, and that we also are prepared to attend two
additional hearings on the project. The comments consist of those transmitted to us by
email on April 29 and May 6, 2014. The following table summarizes the additional
services proposed and their associated costs.
TASK COST
Responses to comments and project management $2,250 (18 hours PM time) (Rincon Consultants)
Responses to Comments Technical Support -Traffic $2,750 (LLG Engineers)
Responses to Comments Technical Support -$2,840 Geology (LGC Valley)
Responses to Comments Technical Support -$3,680 Hydrology (Hunsaker Associates)
Attendance at two additional hearings by senior $3,000 Rincon Consultants staff
Attendance at two additional hearings by senior LLG $3,600 Engineers staff
Attendance at two additional hearings by senior LGC $3,450 Valley Associates staff
Attendance at two additional hearings by senior $2,990 Hunsaker Associates staff
TOTAL $24,560
This cost estimate assumes that the responses will draw from research and analysis already
performed by the Rincon team for the draft and final El Rs, which would appear to be
Environmental Scientists Planners Engineers
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Mr. Eduardo Schonborn, A/GP
Page 2 of2
appropriate based on our preliminary review of the content of the comments received on
the Final EIR. It also assumes that the City Attorney will take the lead on the Stuart Miller
letter, with the Rincon team providing technical assistance on request.
We can delineate the comments on the letters/emails and responded to each by number, as
with the Draft EIR responses, or we can summarize the main comment themes and draft
thematic responses to address them. Considering the circumstances and the general
content of the comments, we would suggest the latter approach, but our proposed budget
and timeline would allow either option. We can complete draft responses within three
weeks of authorization to proceed.
Authorization of the additional services listed in the table would increase our budget by
$24,560, which would bring our overall budget from $171,823 to $196,383.
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, AICP CEP
Project Manager
Environmental Scientists
Joe Power, AICP CEP
Principal
Planners Engineers
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