Title
a. Approve a Professional Services Agreement with Ascent Environmental, Inc., to provide assistance with the preparation of an Environmental Impact Report related to the Draft Vacation Rental Ordinances Project in an amount not to exceed $398,650 for the term of December 1, 2022 through June 30, 2024; and
b. Authorize the Contracts/Purchasing Officer or Contacts/Purchasing Supervisor to execute the Professional Services Agreement and future amendments to the Professional Services Agreement where the amendments do not significantly alter the scope of work or change the approved amount by more than ten percent (10%), subject to review and approval by County Counsel.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve a Professional Services Agreement with Ascent Environmental, Inc., to provide assistance with the preparation of an Environmental Impact Report related to the Draft Vacation Rental Ordinances Project in an amount not to exceed $398,650 for the term of December 1, 2022 through June 30, 2024; and
b. Authorize the Contracts/Purchasing Officer or Contacts/Purchasing Supervisor to execute the Professional Services Agreement and future amendments to the Professional Services Agreement where the amendments do not significantly alter the scope of work or change the approved amount by more than ten percent (10%), subject to review and approval by County Counsel.
SUMMARY/DISCUSSION:
On March 30, 2022, the Housing and Community Development Department (HCD) entered into an agreement with Ascent Environmental, Inc., to assist with environmental review services for the project scoping phase of the work (Phase 1) pursuant to California Environmental Quality Act (CEQA) related to the Draft Vacation Rental Ordinances project. Based upon the prepared Initial Study, an Environmental Impact Report (EIR) is the appropriate CEQA document.
The scoping phase of the work (Phase 1) included project initiation, development of the initial project description, preparation of the Notice of Preparation (NOP) and Initial Study (IS), and environmental scoping. After the initial public release of the NOP and IS on August 29, 2022, staff discovered a few errors that needed correction. On September 6, 2022, staff released a Revised NOP and Revised IS, and extended the public review period until October 6, 2022, to allow a full 30-day public review period. The County conducted two scoping meetings during the public review period, one held both in person and via webinar on September 6, 2022, and a second meeting held via webinar on September 19, 2022. The County received 66 comment letters and will incorporate the feedback received from the public, as appropriate, into the scope of the Draft EIR.
In Phase 2 of the project, Ascent will prepare the required information and documentation for the EIR, expanding upon work completed in Phase 1. There are nine (9) tasks proposed in Phase 2 (see Exhibit A of Attachment 1). Ascent will conduct the requisite technical analysis and work closely with staff to prepare and release a Draft EIR for public review anticipated in summer 2023.
OTHER AGENCY INVOLVEMENT:
The Offices of the County Counsel and Auditor-Controller have reviewed and approved the PSA as to form and legality, and fiscal provisions, respectively.
FINANCING:
A total of $70,186 of the contracted not to exceed amount of $92,425 has been spent to date as of November 2, 2022, to complete the Phase 1 Scoping for the Draft Vacation Rental Ordinance environmental review. Phase 1 work is anticipated to be complete in November 2022 and is funded out of the FY 2022-23 Adopted Budget, Fund 001, Appropriation Unit HCD002, Unit 8543.
An estimated $275,000 of the total Phase 2 not to exceed contract amount of $398,650 is projected to be expended in FY 2022-23 using appropriations included in the Adopted Budget for Fund 001, Appropriation Unit HCD002, Unit 8543. As of October 2022, Revenues are higher than anticipated. If HCD requires additional appropriations to complete the project in FY2022-23, the Department will return to the Board by April requesting an increase in appropriations funded by unanticipated permit revenues.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
This project supports the Board of Supervisors’ Strategic Initiatives for Economic Development and Administration by establishing regulations to provide a clear permit process and rules for operation to allow transient rental of residential properties in a manner that avoids or mitigates impacts to Monterey County neighborhoods and businesses.
X Economic Development
X Administration
Health & Human Services
Infrastructure
Public Safety
Prepared by: Kathleen Nielsen, Management Analyst II, and Melanie Beretti, AICP, Principal Planner, 831-755-5285
Approved by: Erik Lundquist, AICP, HCD Director
The following attachments are on file with the Clerk of the Board:
Attachment 1 - Professional Services Agreement