HomeMy WebLinkAbout11 - CC-11 - Amendment No.1 to Professional Services - 9/6/2016CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 6, 2016 ITEM NUMBER: CC -1 1
SUBJECT: AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT PROVIDING
ENVIRONMENTAL CONSULTING SERVICES FOR AN INITIAL STUDY/MITIGATED
NEGATIVE DECLARATION FOR REZONE R-15-01 AND PLANNING APPLICATION PA -
15 -30 FOR A SELF -STORAGE FACILITY AND RETAIL BUILDING AT 375 BRISTOL
STREET
DATE: AUGUST 25, 2016
FROM: DEVELOPMENT SERVICES DEPARTMENT — PLANNING DIVISION
PRESENTATION BY: MEL LEE, SENIOR PLANNER
FOR FURTHER INFORMATION CONTACT: MEL LEE, SENIOR PLANNER
mel.lee@costamesaca.gov
RECOMMENDED ACTIONS
1. City Council approve Amendment One to the Professional Services Agreement in the
amount of $4,480 with a new contract total amount not to exceed $54,470 for
Environmental Sciences Associates (ESA) with a term expiring on October 31, 2017;
and
2. City Council authorize the Chief Executive Officer and City Clerk to accept and
execute future amendments to the agreement.
BACKGROUND
Proposed Project
The original proposed project involves the following:
1. Initial Study/Mitigated Negative Declaration (IS/MND): This document analyzes the
environmental impacts of the proposed project. Significant environmental impacts are
mitigated to below a level of significance.
2. Rezone R-15-01: An ordinance to rezone a 3.18 -acre site from PDC (Planned
Development Commercial) to C2 (General Business District).
3. Planning Application PA -15-30: Conditional Use Permit PA -15-30 for the demolition
of the existing automotive center (Bristol Autoplex) and the development of a two-story,
774 -unit mini -storage facility and 5,000 square foot food court building. No code
deviations are requested.
Request for Proposals and Consultant Qualification
On August 28, 2015, a Request for Proposals (RFP) was released to qualified consulting
firms to prepare the IS/MND. Environmental Science Associates (ESA) was selected as the
most competitive consultant during the evaluation process. Because the original bid did not
exceed $50,000.00, the Professional Services Agreement (PSA) was approved and
executed by the Finance Department and the CEO's Office.
On June 13, 2016, the above project was considered by the Planning Commission, which
recommended denial of the project to the City Council by a 4-1 vote (Chair Dickson voting
no). The denial was based on concerns expressed by the tenants in the existing retail
center who would be displaced by the new development. In response, the applicant has
revised the project to retain a portion of the existing retail development, which resulted in
additional costs to the PSA totaling $4,480.00 for the environmental analysis for the revised
project, which will be completed by the consultant once the amendment is approved and
executed. The project will then be scheduled for public hearing review by the City Council.
ALTERNATIVES CONSIDERED
An alternative would be to reject the amendment and reinitiate the RFP process.
The City's CEQA guidelines do allow environmental documents to be prepared by in-house
staff. However, the nature, scope, and complexity of this project and current staff demands
do not make this a viable or practical option.
FISCAL REVIEW
There is no fiscal impact because the cost for this contract is 100% funded by the applicant
and deposited in a City account that is managed by the project planner.
LEGAL REVIEW
The attached draft professional services agreement has been reviewed and approved as to
the form by the City Attorney's Office. There is no adverse legal impact anticipated by the
Council taking the recommended action(s), based upon the documents and information
provided to this office.
CONCLUSION
Staff recommends that the amendment be approved to allow the consultant to complete the
work in a comprehensive and timely manner, based on their relevant experience and
technical expertise.
GARY ARMSTRONG, AICP
Economic Development & Development
Services Director/Deputy CEO
MEL LEE, AICP
Senior Planner
STEPHEN DUNIVENT
Interim Finance Director
Attachment: Draft Professional Services Agreement Amendment No. 1
cc: Chief Executive Officer
Assistant Chief Executive Officer
Development Services Director/Deputy CEO
Interim Assistant Development Services Director
Interim Finance Director
City Attorney
Public Services Director
Transportation Svs. Mgr.
City Engineer
City Clerk
Staff
File
Annette Wiley, FAIA (Applicant)
220 Newport Center Drive, #11-166
Newport Beach, CA 92660
Sanderson J. Ray Development (Property Owner)
2699 White Road #150
Irvine, CA 92614
Arabesque Said-Abdelwahed
Senior Associate
ESA I Environmental Science Associates (Consultant)
2121 Alton Parkway, Suite 100
Irvine, CA 92606
ATTACHMENT I
AMENDMENT NUMBER ONE
TO PROFESSIONAL SERVICES AGREEMENT
FOR ENVIRONMENTAL SERVICES
This Amendment is made and entered into this day of September, 2016
("Effective Date") by and between the CITY OF COSTA MESA, a municipal
corporation ("City") and Environmental Sciences Associates, a California corporation
("Consultant"), and Sanderson J. Ray Development, a California Corporation
("Applicant").
WHEREAS, Consultant and City entered into an agreement on October 30, 2016,
for Consultant to prepare an Initial study/Mitigated Negative Declaration as well as
consultation for the Autoplex Project, as more fully described therein, (the "Agreement");
and
WHEREAS, Consultant and City desire to amend the Agreement because the
scope of services requires an adjustment of the amount of compensation by adding
$4,480 to the existing compensation limit of $49,990, for a total not -to -be -exceeded
amount of $54,470; and
WHEREAS, Consultant and City desire to amend the Agreement to extend the
term by one year.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
1. Section 2.1 of the Agreement is deleted in its entirety and replaced by the
following:
I.I. Compensation. Consultant shall be paid in accordance with the fee
schedule set forth in Exhibit "C" attached hereto and make part of this
Agreement ("Fee Schedule"). Consultant's total compensation shall not
exceed Fifty -Four Thousand, Four Hundred Seventy Dollars ($54,470.00).
2. Section 4. 1, Term, of the Agreement is modified to extend the Term by one
year to provide that the Agreement shall terminate on October 31, 2017, unless otherwise
terminated as provided for in the Agreement of otherwise agreed to in writing by the
parties thereto.
3. All terms not herein defined shall have the same meaning and use as set
forth in the Agreement.
4. All other terms, conditions, and provisions of the Agreement not in conflict
with this Amendment and previous Amendments, shall remain in full force and effect.
1
IN WITNESS WHEREOF, the Parties hereto have set their hand by their duly
authorized representatives as of the day and year first above written.
[Signatures appear on the following page.]
2
CITY OF COSTA MESA,
A municipal corporation
Date:
Chief Executive Officer of Costa Mesa
CONSULTANT, Environmental Sciences Associates
Date:
Signature
Name and Title
Social Security or Taxpayer ID Number
APPLICANT
Date:
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO INSURANCE:
Risk Management
3
Date:
Date:
APPROVED AS TO CONTENT:
Project Manager
DEPARTMENT HEAD APPROVAL
Date:
Date:
Gary Armstrong, Development Services Director
ATTEST:
City Clerk and Ex -Officio Clerk of the
City of Costa Mesa
Date:
Date:
Stephen Dunivent, Interim Finance Director
S