HomeMy WebLinkAboutAGENDA REPORT 1995 0301 CC REG ITEM 08ETO:
FROM:
DATE:
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A G E N D A R E P O R T
C I T Y O F M O O R P A R K
The Honorable City Council
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Jaime Aguilera, Director of Community Develo ergf!
Deborah S. Traffenstedt, Senior Planner �`✓
February 22, 1995 (CC Meeting of 3 -1 -95)
SUBJECT: CONSIDER AMENDMENT OF HIDDEN CREEK RANCH PARTNERS (HCRP)
AGREEMENT AND PROFESSIONAL SERVICES AGREEMENT WITH
MICHAEL BRANDMAN ASSOCIATES (MBA) PERTAINING TO
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) TO
REVISE THE TOTAL COST AND TO ESTABLISH THE TIME PERIOD
FOR AN EIR CERTIFICATION DECISION FOR THE SPECIFIC PLAN
NO. 8 PROJECT
Background
Both of the above referenced Agreements were executed in January
1994, and are proposed to be amended to reflect a change in the
total contract amount and the addition of a time limit for EIR
certification, as discussed below.
Discussion
Addendums to both the HCRP Agreement and the MBA Professional
Services Agreement are proposed to reflect a revised total contract
amount and scope of work, pertaining to additional Traffic Study
related work, and to include a time limit for EIR certification.
The total contract amount would be increased from $404,641.05 to
$417,322.05, based on a revised cost for Traffic Study work. The
original Traffic Study scope did not address the number of
circulation alternatives that the City Council subsequently
determined should be analyzed. Additional level -of- service
analysis was also determined necessary to address the Ventura
County Transportation Commission methodology for calculating
traffic impacts.
An additional component of both proposed addendums is to add a time
limit for EIR certification. The California Environmental Quality
Act requires that each local agency shall establish time limits,
not to exceed one year for completing and certifying environmental
impact reports. CEQA does permit, however, that a reasonable
extension of the time period may be provided for in the event that
compelling circumstances justify additional time and the project
applicant consents thereto.
000,241
The Honorable City Council
February 22, 1995
Page 2
Staff and the applicant have agreed that there are compelling
circumstances which justify a time period longer than one year for
completion of the EIR. One such circumstance justifying a longer
time period is that the City agreed to circulate the Notice of
Preparation prior to receipt of a draft Specific Plan document.
Although the City could have elected to wait until a draft Specific
Plan had been submitted, there are advantages to obtaining other
agency input prior to completion of detailed plans. Another
compelling circumstance is that a significant time delay has
occurred, because the applicant was unable for several months to
pay outstanding invoices related to EIR preparation. City and MBA
staff had to stop work on the EIR until additional money was
deposited to pay outstanding invoices and pay for staff processing
time.
The proposed time limit for EIR certification is October 18, 1995,
with the exception that for every one day that the applicant is
late in submitting payment to City, the time period shall be
extended by two days. A payment will be considered late if a check
for the full amount of an invoice is not submitted to the City
within 30 calendar days following applicant's receipt of invoice,
pursuant to payment terms contained in Exhibit 2 of the Agreement.
Draft Addendum Agreements are attached. Staff is requesting that
the City Council authorize the City Manager, with City Attorney
concurrence, to approve the final Language and sign the Addendum
Agreements.
RECOMMENDATION
Authorize the City Manager to approve the final language and sign
the Third Addendum for the Agreement for Preparation of An
Environmental Impact Report and Provision of Related Services for
Specific Plan No. 8 Project and Related Entitlements as Requested
by Hidden Creek Ranch Partners L. P. ( HCRP) , and the Second Addendum
to the Professional Services Agreement with Michael Brandman
Associates (MBA) and Scope of Work for Preparation of an
Environmental Impact Report and Provision of Related Services for
Specific Plan No. 8.
Attachments:
Draft Addendum Agreements
dst -02-17-95 14:15pmC: \WP51 \SP-B\CC3 -1 -95 . CTR
00035
THIRD ADDENDUM TO AGREEMENT BETWEEN HIDDEN
CREEK RANCH PARTNERS L.P. AND CITY OF MOORPARK
FOR PREPARATION OF AN ENVIRONMENTAL IMPACT
REPORT AND PROVISION OF RELATED SERVICES FOR
SPECIFIC PLAN NO. 8 PROJECT AND RELATED
ENTITLEMENTS
THIS ADDENDUM, made and entered into this day of ,
1995, by and between Hidden Creek Ranch Partners L.P. ( "HCRP "), a
California limited partnership, and the City of Moorpark ( "City "),
a Municipal Corporation, located in the County of Ventura, State of
California, which is entered into with reference to the following
recitals.
RECITALS
WHEREAS, on January 12, 1994, HCRP entered into an Agreement
with the City, requiring HCRP to be responsible for payment of all
costs associated with preparation of an environmental impact report
and provision of related services for the Specific Plan No. 8
project; and
WHEREAS, on March 1, 1995, the City Council authorized the
City Manager to approve an amendment of both the HCRP Agreement and
a Professional Services Agreement with Michael Brandman Associates
(MBA) and Scope of Work for Preparation of an Environmental Impact
Report and Provision of Related Services for Specific Plan No. 8,
to reflect an increase in the total contract amount from
$404,641.05 to $417,322.05 for additional Traffic Study work, and
to include a time period for a certification decision on the
environmental impact report; and
WHEREAS, HCRP and the City concur that a reasonable extension
of the time period for completing and certifying the EIR for the
Specific Plan No. 8 project is justified;
NOW, THEREFORE, in consideration of the mutual covenants,
benefits and premises contained herein, the parties agree as
follows:
Article I, Costs of MBA Agreement, first paragraph, is
modified to read as follows:
HCRP shall pay to City all costs incurred by City in
strict accordance with the MBA Agreement; provided;
however, that such costs shall not exceed $417,322.05
without the prior agreement of HCRP and the City of the
changes in the scope of work for the MBA Agreement which
result in the increase of said cost. Payment by HCRP to
City shall be in accordance with the terms set forth in
Exhibit "2 ", which is attached hereto and incorporated
herein.
00036
Article IV, Environmental Impact Report Certification, is
hereby amended to include the following paragraph:
The City shall make a certification decision for the Specific
Plan No. 8 Project EIR by October 18, 1995, with the exception
that for every one day that the applicant is late in
submitting payment to City, the time period shall be extended
by two days. A payment will be considered late if a check for
the full amount of an invoice is not submitted to the City
within 30 calendar days following applicant's receipt of
invoice, pursuant to payment terms contained in Exhibit 2.
Receipt of invoice by either facsimile or mail would initiate
the 30 -day time period for payment of invoice.
IN WITNESS WHEREOF, the parties hereto have caused this Third
Addendum Agreement to be executed the day and year first above
written.
CITY OF MOORPARK: HIDDEN CREEK RANCH PARTNERS L.P.
California Limited Partnership
BY
Steven Kueny
City Manager
ATTEST:
BY
Lillian E. Hare
City Clerk
BY East Ventura Hills Partners L.P.
a California Limited Partnership,
General Partner
BY Messenger Investment Company
a California Corporation
General Partner:
BY
P►a
William S. Messenger Jr.
President
0000
SECOND ADDENDUM TO PROFESSIONAL SERVICES
AGREEMENT BETWEEN MICHAEL BRAND14AN ASSOCIATES
AND THE CITY OF MOORPARK FOR PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT AND PROVISION OF
RELATED SERVICES FOR SPECIFIC PLAN NO. 8
THIS ADDENDUM, made and entered into this day of ,
1995, by and between Michael Brandman Associates ( "MBA "), a
California Corporation, and the City of Moorpark ( "City "), a
Municipal corporation, located in the County of Ventura, State of
California, which is entered into with reference to the following
recitals.
RECITALS
WHEREAS, MBA entered into a Professional Services Agreement
with the City on January 12, 1994, to perform professional
environmental compliance, planning, and resources management
services related to the preparation of an environmental impact
report ("EIR") and provision of related services for the Specific
Plan No. 8 project, as described in Exhibit A, the Scope of Work to
the Agreement; and
WHEREAS, Attachment A, Price Proposal, to Exhibit A, Scope of
Work, was amended by an Addendum Agreement dated July 18, 1994, to
reflect a total price of $404,641.05 for all tasks described in the
Scope of Work; and
WHEREAS, on March 1, 1995, the City Council authorized the
City Manager to approve an amendment of both the HCRP Agreement and
a Professional Services Agreement with Michael Brandman Associates
(MBA) and Scope of Work for Preparation of an Environmental Impact
Report and Provision of Related Services for Specific Plan No. 8,
to reflect an increase in the total contract amount from
$404,641.05 to $417,322.05 for additional Traffic Study work, and
to include a time period for a certification decision on the
environmental impact report;
NOW, THEREFORE, in consideration of the mutual covenants,
benefits and premises contained herein, the parties agree as
follows:
Attachment A, the Price Proposal, to Exhibit A, the Scope of
Work, is hereby amended to revise the cost for Task C, Preparation
of Screencheck EIR Transportation Section from $2,400 to $5,422, to
increase the amount budgeted for the Traffic Study by an additional
$8,781, to increase the Technical Studies 10 Percent Subconsultant
Fee by an additional $878, and to revise the Total Price with
Contingency from $404,641.05 to $417,322.05.
1
00038
Attachment B, Specific Plan 8 Environmental Impact Report
Preliminary Schedule, is hereby amended in its entirety and
replaced by the attached Revised Schedule. The City and MBA herein
agree that for every one day that the applicant, Hidden Creek Ranch
Partners L.P., is late in submitting payment to City for a MBA
invoice, the time period for MBA completion of work products and a
City certification decision shall be extended by two days. A
payment will be considered late if a check for the full amount of
an invoice is not submitted by the applicant to the City within 30
calendar days following applicant's receipt of invoice. In no
event or circumstance shall this Agreement require City
certification of the environmental impact report prepared by MBA
for the Specific Plan No. 8 Project.
IN WITNESS WHEREOF, the parties hereto have caused this Second
Addendum Agreement to be executed the day and year first above
written.
CITY OF MOORPARK: MICHAEL BRANDMAN ASSOCIATES:
By:
Steven Kueny, City Manager
ATTEST:
By:
Lillian E. Hare, City Clerk
Attachment:
By:
Thomas E. Smith, Jr., President
Attachment B, Specific Plan 8, Environmental Impact Report,
Revised Schedule
2
00030
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BIDDEN CREED RANCH SPECIFIC PLAN 9 EIR
DRAFT REVISED PROJECT SCIIEDUL E
The following is the proposed schedule for the completion of work taslm for the Hidden Creek
Specific Plan 8 )EIR project. It is based on the assumptions following the schedule proposal.
Deviation from these assumptions may require an adjustment to the project schedule.
Work Product/Milestone _
Estimated Date'
Receive staff comments on screerncheck EIR
February 16,
1995
Deliver revised sereencheck EIR to city for review 2.3
March 16, 1995
Receive staff comments on revised screeneheck EIR
March 31, 1995
Deliver draft EIR to city for "proof check" a
April 14, 1995
Receive approval to begin printing
April 20, 1995
Release of draft EIR to publio-45 day review period 5
April 28, 1995
Planning Commission hearings
During 45-day
review period
End of 45-day public review period
June 12, 1995
Submit draft responses to comments document for review
July 3, 1.995
Receive comments on draft responses to Comments
July 17, 1995
Submit final responses to comments document for brief review prior to July 31, 1995
public release
Release of final responses to comments /final EIR August 14,
1995
City Council hearing: action on final EIR certification October 18,
1995
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The assumptions used in determining the above project schedule are:
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1. If review schedules change, the elapsed time of other tasks witI be maintained.
2. Revisions to technical studies or additional studies (such as Phase II
archaeological, Traffic, Hydrology, and Geology) will he submitted to MBA at
least two weeks before the delivery date to the City.
3. A separate mitigation monitoring program is not needed at this stage; rather
mitigation measures will be listed separately as a summary and will be revised to
include all the necessary monitoring information.
4. No new comments or changes arc requested; only revisions associated with
typographical changes or other minor errors will be conducted.
5. No requests for extensions to the review period are granted by the City.
6. Comments received on the draft EIR are transmitted to MBA the day after the
close of the review period. The schedule also assumes that responses to
comments received on the AEIR only require clarifications, minor revisions,
explanations of data in EIR_ Analysis of new issue.%, alternatives, or substantial
changes to the project would lengthen the period for preparing the responses.
In addition, if the number of comments to respond to is beyond a "normal"
amount for a project of this size, a discussion with the city will be required
regarding the project schedule restrictions in order to have adequate time to
properly respond to all comments.
7. MBA is reimbursed for all invoices within 30 days of receipt by the City of
Moorpark. MBA wr11 conduct work efforts up to but not in exceedance of the
existing funds in the reserve account established by the City of Moorpark for the
Hidden Creek Ranch project_ If MBA is not reimbursed in full within 30 days,
MBA will stop work on the project, as directed by the city. For each day of
delay in payment, the city is authorizing two days delay in the project schedule.
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