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a. Approve Amendment No. 5 to Funding Agreement No. 3 A-13654 with Jeffrey LaTourette for preparation of the Environmental Impact Report for the LaTourette Subdivision Project (PLN020090) where the Base Budget in the amount of $183,099 is increased by $26,625 for a new Agreement amount of $209,724 with no change to the included Contingency Budget of $21,040;
b. Authorize the Director of Housing and Community Development or designee to execute Amendment No. 5 to Funding Agreement No. 3 A-13654, Amendment No. 5 to Professional Services Agreement No. A-13636, and future amendments to the Agreements where the amendments do not significantly alter the scope of work and do not increase the Agreement amounts of $209,724 by more than 10% ($20,973), subject to review by County Counsel and the Auditor-Controller’s Office.
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RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve Amendment No. 5 to Funding Agreement No. 3 A-13654 with Jeffrey LaTourette for preparation of the Environmental Impact Report for the LaTourette Subdivision Project (PLN020090) where the Base Budget in the amount of $183,099 is increased by $26,625 for a new Agreement amount of $209,724 with no change to the included Contingency Budget of $21,040;
b. Authorize the Director of Housing and Community Development or designee to execute Amendment No. 5 to Funding Agreement No. 3 A-13654, Amendment No. 5 to Professional Services Agreement No. A-13636, and future amendments to the Agreements where the amendments do not significantly alter the scope of work and do not increase the Agreement amounts of $209,724 by more than 10% ($20,973), subject to review by County Counsel and the Auditor-Controller’s Office.
SUMMARY:
The LaTourette Subdivision Project (Project) involves subdividing an approximately 48-acre site into 19 residential lots, ranging in size from approximately one to seven acres. The Project includes the expansion of the Woodland Heights Mutual Water System to serve the proposed lots. Access would be provided either via the existing main road in the Woodland Heights Subdivision or through a proposed alternative access road located directly north of King Road in the Prunedale area of North County. Each lot is proposed to have an individual septic system for wastewater disposal.
This action includes updates to the Professional Services Contract with Denise Duffy and Associates (Planning Consultant) to complete the environmental work for the subdivision and an update to the Funding Agreement with the applicant to pay for the consultant services. The updates are needed to complete the Environmental Impact Report for the LaTourette project.
DISCUSSION:
On June 8, 2004, the Board of Supervisors (Board) approved the Funding Agreement (FA) with Jeffrey and Monica LaTourette (Project Applicants) in the amount of $365,349 and the original Professional Services Agreement (PSA) with Denise Duffy & Associates, Inc. (DD&A) in the amount of $280,101 to provide an Environmental Impact Report (EIR) for the Project for a term from May 3, 2024 to June 30, 2025. The EIR was not completed, and the Agreements were allowed to expire.
On August 15, 2006, the Board approved a second Professional Services Agreement (A-10618) in the amount of $241,431 and Funding Agreement No. 2 (A-10618) in the amount of $314,910 for a term of August 15, 2006 to June 30, 2007. The EIR for the Project was not completed prior to the expiration of both Agreements.
On July 11, 2017, the Board approved a third Professional Services Agreement No. A-13636 with DD&A and FA No. 3 (Agreement No. A-13654) with Jeffrey and Monica LaTourette each in the amount of $161,304.75 ($140,265 for Base Budget and $21,039.75 for Project Contingency) for a term from June 27, 2017, to June 27, 2019, to allow completion of the EIR for the Project. On August 8, 2019 the Project Applicants executed an Agreement and Consent to Assignment of Funding Agreement No. 3, dated July 25, 2017, to assign all rights, title, and interest under the Agreement solely to Jeffrey LaTourette (Project Applicant).
On August 9, 2019, Amendment No. 1 to PSA No. A-13636 with DD&A and Amendment No. 1 to FA No. 3 (A-13654) with the Project Applicant were executed, extending the term two years to June 30, 2021.
Staff requested and received Board approval of Amendment No. 2 to PSA A-13636 and Amendment No. 2 to FA No. 3 A-13654 on June 22, 2021. Amendments No. 2 increased the PSA and FA amounts of $161,304.75 by $21,794 for new Agreement amounts of $183,098.75 for both the FA and PSA and extended the terms of both Agreements two years to June 30, 2023.
Both Agreements were amended on April 13, 2023 (“Amendment No. 3”) and on May 1, 2024 (“Amendment No. 4”) to extend the terms one year and two years, respectively. There were no changes to the Agreements’ amount of $183,098.75.
There are unanticipated revisions and additional analysis to address newly submitted project information and incorporate comments. The unanticipated revisions include refinement of air quality modeling, updates to the Biological Resources section, and coordination with the Project Applicant. The Scope of Services requires expansion with Task 4.1, Finalize Administrative Draft Final EIR and Mitigation Monitoring and Reporting Program, and Task 4.2, Prepare Public Draft Final EIR (see Attachment 1, Exhibit A-2).
As such, staff is requesting the Board approve Amendment No. 5 to FA No. 3 A-1365 which incorporates PSA No. A-13636 with DD&A to allow for the completion of the EIR for the Project. The Amendments to each Agreement are to increase the current Base Budget of $183,098.75 by $26,624.75 for a new not to exceed amount of $209,723.50 for both Agreements, with no increase in the Contingency Budget of $21,039.75 and no change to the term end date of June 30, 2026.
OTHER AGENCY INVOLVEMENT
The Offices of the County Counsel and Auditor-Controller have reviewed the FA and PSA Amendments as to form and legality, and fiscal provisions, respectively.
FINANCING:
There are no costs to the General Fund as a result of this action. Staff costs to manage the contracts and professional services provided by the CONTRACTOR will be funded by the Project Applicant through FA No. 3 in the amount of $209,723.50. Any additional staff time for processing the environmental review will be charged at the billing rate established in the Department’s fee article.
BOARD OF SUPERVISORS STRATEGIC PLAN GOALS:
Agreements between the parties would promote the County as an organization that practices efficient and effective resource management and is recognized for responsiveness, strong customer orientation, accountability, and transparency. All services will be fully funded by the Project Applicant.
Well-Being and Quality of Life
Sustainable Infrastructure for the Present and Future
Safe and Resilient Communities
Diverse and Thriving Economy
x Administrative
Prepared by: Kathy Nielsen, Management Analyst II, 755-4832
Reviewed by: Fionna Jensen, Principal Planner, 796-6407
Approved by: Craig W. Spencer, Housing & Community Development Director
The following attachments are on file with the Clerk of the Board:
Attachment 1 - Amendment No. 5 to FA No. 3 with Jeffrey LaTourette
Attachment 2 - Amendment Nos. 1-4 to FA No. 3 A-13654
Attachment 3 - PSA A-13636 with Denise Duffy & Associates
Attachment 4 - FA No. 3 with Jeffrey and Monica LaTourette
Attachment 5 - Consent to Assignment with Jeffrey La Tourette