Title
a. Approve and authorize the Housing and Community Development (HCD) Director or their designee to execute a Funding Agreement (FA) with Eric Rey for the not to exceed amount of $84,295 and for a term beginning upon execution through June 30, 2026;
b. Approve and authorize the Housing and Community Development (HCD) Director or their designee to execute a Professional Services Agreement (PSA) with Kimley-Horn and Associates, Inc., to prepare an environmental document pursuant to the California Environmental Quality Act (CEQA) to analyze the proposed minor subdivision (PLN220339-DEP) for the not to exceed amount of $84,295; and
c. Authorize the Housing and Community Development Director or their designee to execute future amendments to the Agreements where the amendments do not significantly alter the scope of work or increase the Agreement amount by more than 10% ($8,430), subject to review by County Counsel.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and authorize the Housing and Community Development (HCD) Director or their designee to execute a Funding Agreement (FA) with Eric Rey for the not to exceed amount of $84,295 and for a term beginning upon execution through June 30, 2026;
b. Approve and authorize the Housing and Community Development (HCD) Director or their designee to execute a Professional Services Agreement (PSA) with Kimley-Horn and Associates, Inc., to prepare an environmental document pursuant to the California Environmental Quality Act (CEQA) to analyze the proposed minor subdivision (PLN220339-DEP) for the not to exceed amount of $84,295; and
c. Authorize the Housing and Community Development Director or their designee to execute future amendments to the Agreements where the amendments do not significantly alter the scope of work or increase the Agreement amount by more than 10% ($8,430), subject to review by County Counsel.
SUMMARY/DISCUSSION:
Eric Rey (Project Applicant) has applied to the County for consideration of a two-lot residential subdivision (Project) (PLN220339-DEP). The County has required the Project Applicant to fund the preparation of a hydrogeological report and an environmental document, pursuant to CEQA Guidelines section 15063, in order to analyze potential environmental impacts related to the proposed minor subdivision of one (1) legal lot of record (152.9 acres) which would result in a 77.5-acre parcel (Parcel A) and a 75.5-acre parcel (Parcel B).
To minimize impact to current planning projects, it is necessary to engage the services of an outside consultant. The HCD has an established on-call list of consultants as well as a separate public list of consultants who specialize in environmental documentation. Kimley-Horn and Associates, Inc. (Contractor) is on both lists as a qualified consultant and has been chosen to provide the necessary services.
Staff recommend entering into the PSA with Contractor and the FA with Project Applicant to complete this project in a timely manner.
OTHER AGENCY INVOLVEMENT:
The Offices of the County Counsel and Auditor-Controller have reviewed the FA and PSA as to form and legality, and fiscal provisions, respectively.
FINANCING:
Pursuant to the terms of the FA between Eric Rey and the County, the environmental document provided by Kimley-Horn and Associates, Inc., under the PSA, and the County Contract Administration Fee will be paid by the Project Applicant with an advance deposit of $84,295 that includes the County Administration Fee of $10,995. Separate fees for County staff costs associated with the project will be paid by the Project Applicant in accordance with the County of Monterey Land Use Fee Schedule. The FA and PSA are structured so that there is no cost to the County associated with these Agreements, and there is no impact to the General Fund.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
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.
Economic Development
x Administration
Health & Human Services
Infrastructure
Public Safety
Prepared by: Kathy Nielsen, Management Analyst II, x4832
Approved by: Lori Woodle, Finance Manager I, x6682
Approved by: Craig W. Spencer, Director, x5025
The following attachments are on file with the Clerk of the Board:
Attachment A - Funding Agreement (FA)
Attachment B - Professional Services Agreement (PSA)