Title
a. Approve Amendment No. 1 to Settlement and Release Agreement between Carmel Rio Road, LLC and County of Monterey;
b. Approve a Professional Services Agreement with Rincon Consultants, Inc. where the Base Budget is $158,386 and the Contingency Budget is $23,758, for a total amount not to exceed $182,144 to provide an Environmental Impact Report (EIR) for the Carmel Rio Road Subdivision Project (PLN140089) in Carmel, for a term of May 19, 2015 through May 19, 2017;
c. Approve a Funding Agreement with Carmel Rio Road, LLC where the Base Budget is $158,386 and the Contingency Budget is $23,758, for a total amount not to exceed $182,144 to allow funding to Monterey County for costs incurred by Rincon Consultants, Inc. to provide an EIR for the Carmel Rio Road Subdivision Project (PLN140089) in Carmel, for a term of May 19, 2015 through May 19, 2017; and
d. Authorize the Director of Planning to execute the Professional Services Agreement, Funding Agreement and future amendments to the Agreements where the amendments do not significantly alter the scope of work or change the approved Agreement amounts.
(REF140074/Rincon Consultants, Inc. - PLN140089/Environmental Impact Report for the Carmel Rio Road Subdivision Project, in Carmel Valley)
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve Amendment No. 1 to Settlement and Release Agreement between Carmel Rio
Road, LLC and County of Monterey; and
b. Approve a Professional Services Agreement with Rincon Consultants, Inc. where the Base Budget is $158,386 and the Contingency Budget is $23,758, for a total amount not to exceed $182,144 to provide an Environmental Impact Report (EIR) for the Carmel Rio Road Subdivision Project (PLN140089) in Carmel, for a term of May 19, 2015 through May 19, 2017; and
c. Approve a Funding Agreement with Carmel Rio Road, LLC where the Base Budget is $158,386 and the Contingency Budget is $23,758, for a total amount not to exceed $182,144 to allow funding to Monterey County for costs incurred by Rincon Consultants, Inc. to provide an EIR for the Carmel Rio Road Subdivision Project (PLN140089) in Carmel, for a term of May 19, 2015 through May 19, 2017; and
d. Authorize the Director of Planning to execute the Professional Services Agreement, Funding Agreement and future amendments to the Agreements where the amendments do not significantly alter the scope of work or change the approved Agreement amounts.
SUMMARY/DISCUSSION:
This project is the resubmittal of a previously denied application which resulted in the County and the applicant entering into a Settlement and Release Agreement. In 2012, the Board of Supervisors upheld the Planning Commission's denial of a Combined Development Permit to subdivide a 7.92 acre property into 31 Market Rate lots (with inclusionary units). The Project is located at 15 and 26500 Val Verde Drive, Carmel Valley. The Project Applicant subsequently filed a lawsuit which resulted in a Settlement and Release Agreement. Pursuant to the terms of that Agreement, the Project Applicant has submitted an Application for a revised Project that requires the preparation of an Environmental Impact Report (EIR). The Settlement Agreement requires the applicant to pay for the EIR and the County to take the steps necessary to prepare the studies necessary to support the EIR. The applicant and staff have negotiated a scope of work for the EIR which allows the applicant to contract with the traffic consultant subject to peer review by the County and would allow work to begin on the EIR before the Project Applicant completes well testing that is required by the Environmental Health Bureau. This is reflected in the professional services agreement for preparation of the EIR, but requires a modification to the Settlement and Release Agreement. .
An EIR is required when a proposed project may have a significant effect on the environment; staff has determined that the project may have a significant effect and has identified a consultant (Rincon Consultants) to prepare the EIR. The Professional Services Agreement (PSA) with Rincon Consultants, Inc. and related Funding Agreement (FA) with Carmel Rio Road, LLC are necessary to allow for the preparation of the EIR. The term of the PSA and FA is from May 19, 2015 through May 19, 2017. The costs for this PSA are to be covered through the FA with Carmel Rio Road, LLC, Project Applicant.
OTHER AGENCY INVOLVEMENT:
The following offices have reviewed and approved the Agreements 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 these actions. Pursuant to the terms of the FA with Carmel Rio Road, LLC, Project Applicant, and the County, the expenses of Rincon Consultants, Inc. to provide an EIR for the Carmel Rio Road Subdivision Project will be funded through budgets established in the FA. This is an extraordinary project and the applicant is responsible for reimbursement of staff time for both the project review and preparation of the EIR pursuant to the County's adopted fee schedule.
Prepared by: Bob Schubert, Senior Planner, Ext. #5183
Approved by: Mike Novo, Director, RMA - Planning, Ext. #5192
Carl P. Holm, AICP, Acting Director, RMA
This report was prepared with assistance by Shelley Dickinson, Management Analyst I, and reviewed by Dalia M. Mariscal-Martinez, Management Analyst II, and Shawne Ellerbee, Finance Manager III.
The following attachments are on file with the Clerk of the Board:
Attachment A Amendment No. 1 to Settlement and Release Agreement between Carmel Rio Road, LLC and County of Monterey
Attachment B PSA with Rincon Consultants, Inc.
Attachment C FA with Carmel Rio Road, LLC
Attachment D Settlement & Release Agreement