Title
a. Approve Amendment No. 2 to Professional Services Agreement No. A-12442 with Denise Duffy & Associates, Inc. to include the preparation of a Focused Environmental Impact Report for projects located in the Carmel River Lagoon Area and Carmel River Lagoon Restoration and Management Plan (Request for Proposals #2012-CRL-1) for Phases 1 and 2, in the amount of $193,571 for a total amount not to exceed $546,671, for a term to April 23, 2015; and
b. Authorize the Contracts/Purchasing Officer to execute Amendment No. 2 to Professional Services Agreement No. A-12442 and future amendments to the Agreement where the amendments do not significantly alter the scope of work or change the approved Agreement amount.
(PD060228/Denise Duffy and Associates, REF12051/Carmel Lagoon Area) Focused Environmental Impact Report (EIR) for projects located in the Carmel River Lagoon Area and Carmel River Lagoon Restoration and Management Plan (Request for Proposals (RFP) #2012-CRL-1) (ADDED VIA ADDENDUM)
Report
PROJECT INFORMATION:
Planning File Number: PD060228/Carmel Lagoon Area (REF120051)
Consultant: Denise Duffy & Associates, Inc.
Project Location/Description: Carmel Lagoon Area
Planner: John H. Ford, Planning Services Manager
Plan Area: Carmel Lagoon Area
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve Amendment No. 2 to Professional Services Agreement No. A-12442 with Denise Duffy & Associates, Inc. to include the preparation of a Focused Environmental Impact Report for projects located in the Carmel River Lagoon Area and Carmel River Lagoon Restoration and Management Plan (Request for Proposals #2012-CRL-1) for Phases 1 and 2, in the amount of $193,571 for a total amount not to exceed $546,671, for a term to April 23, 2015; and
b. Authorize the Contracts/Purchasing Officer to execute Amendment No. 2 to Professional Services Agreement No. A-12442 and future amendments to the Agreement where the amendments do not significantly alter the scope of work or change the approved Agreement amount.
SUMMARY:
See Attachment A for Summary of the Professional Services Agreement (PSA).
The County has identified a need for Denise Duffy & Associates, Inc. (DDA) to include new tasks associated with the preparation and completion of a Focused Environmental Impact Report (EIR) for projects located in the Carmel River Lagoon Area and Carmel River Lagoon Restoration and Management Plan for Phases 1 and 2. Amendment No. 2 will increase the PSA by $193,571, for a total amount not to exceed $546,671, for a term to April 23, 2015.
DISCUSSION:
DDA is currently contracted by the County of Monterey, Resource Management Agency (RMA) to prepare a joint Programmatic Initial Study (IS)/Mitigated Negative Declaration (MND) under the California Environmental Quality Act (CEQA) and an Environmental Assessment (EA)/Finding of No Significant Impact (FONSI) under National Environmental Policy Act (NEPA) for the proposed Ecosystem Protective Barrier, Scenic Road Protection Structure and Interim Sandbar Management Plan of the Carmel Lagoon. In the process of developing the preferred alternative and working with stakeholders in the area, it has become apparent that an EIR will be required under CEQA. Rather than DDA completing the services under the existing PSA for preparation of an IS resulting in a determination that an EIR is necessary, it is recommended that the scope of the PSA be modified to initiate preparation of the EIR as part of this ongoing work.
An approach to completing Phase 2 have been developed consisting of:
Phase 2A: Prepare an Administrative Draft EIR (DEIR) which would be completed by June 30, 2014.
Phase 2B: Finalize the tasks in the DEIR, circulate for public review, and prepare Final EIR.
Currently, there is a remaining PSA budget amount of $138,383 which has been allocated for completion of an IS for the project. County has determined that an EIR is required to complete the project replacing the need for completion of an IS. By reallocating the remaining budget amount of $138,383 for completion of the IS and increasing the PSA budget amount by $193,571, Phase 2A, Administrative DEIR, can be completed at a cost savings to the County and would be funded in the Fiscal Year (FY) 2013 - 2014 budget.
All funding will be allocated out of the FY 2013 - 2014 budget but there is insufficient time remaining in this FY to complete the entire EIR process, thus the approach (above). This approach will move the environmental review forward to a point where if there are sufficient funds in FY 2014 - 2015, DDA can be enlisted to provide additional assistance to complete this work. In the event that funding is not available to complete the EIR process but finishing the environmental work is critical, the Administrative DEIR can be finalized and circulated for public review by County staff. There is no expectation that additional funding will be allocated in the FY 2014 - 2015 budget for this project.
OTHER AGENCY INVOLVEMENT:
The following offices have reviewed and approved Amendment No. 2 to PSA No. A-12442 as to form and legality, and fiscal provisions, respectively:
Office of the County Counsel
Auditor-Controller's Office
FINANCING:
There is no impact to the General Fund as a result of this action. Staff is recommending funds that remain uncommitted within the FY 2013-14 allocations for the General Plan Implementation to cover the increase of $193,571 to complete the Focused EIR. The funding that has been allocated to the General Plan Implementation resides in Fund 001, Department 1050, Unit 8038.
Prepared by: John H. Ford, Planning Services Manager, Ext. 5158
Approved by: Mike Novo, Director, RMA-Planning, Ext. 5192
Benny Young, Director, Resource Management Agency
This report was prepared with assistance by Shelley Dickinson, Management Analyst I, reviewed by Dalia M. Mariscal-Martinez, Management Analyst II, and Shawne Ellerbee, RMA Finance Manager III.
The following attachments are on file with the Clerk of the Board
Attachment A Summary of Professional Services Agreement
Attachment B Amendment No. 2 to Professional Services Agreement