File #: 13-0628    Name: EMC Planning Group, Inc. (Paraiso Hot Springs)
Type: General Agenda Item Status: Passed
File created: 6/5/2013 In control: Board of Supervisors
On agenda: 6/18/2013 Final action: 6/18/2013
Title: a. Approve Amendment No. 2 to Professional Services Agreement No. A-12306 with EMC Planning Group, Inc. (EMC) where the Base Budget is increased by $6,010.00 for a total amount not to exceed $156,414.80 to provide for new tasks associated with peer review/analysis of ten (10) special-status plant and animal species and stream channel impact for completion of the Environmental Impact Report (EIR) for the Paraiso Hot Springs Resort (PLN040183), for a term through June 30, 2014; and b. Authorize the Director of Planning to execute Amendment No. 2 to Professional Services Agreement No. A-12306 and future amendments to this Agreement where the amendments do not significantly alter the scope of work or change the approved Agreement amount. (REF110063/ EMC Planning Group, Inc. and PLN040183/Environmental Impact Report for the Paraiso Hot Springs Resort)
Attachments: 1. Attachment A - Amendment No. 2 to PSA, 2. Attachment B - Synopsis of PSA, 3. Completed Board Order, 4. Fully Executed Agreement, Amendment No. 2 PSA between CoMo & EMC Planning Group, Inc., 5. Fully Executed Agreement, Amendment No. 3 to PSA, 6. Fully Executed Agreement, Amendment No. 4 between the County of Monterey and EMC Planning Group, Inc., 7. Fully Executed Agreement between the County of Monterey and EMC Planning Group, Inc.
Title
a. Approve Amendment No. 2 to Professional Services Agreement No. A-12306 with EMC Planning Group, Inc. (EMC) where the Base Budget is increased by $6,010.00 for a total amount not to exceed $156,414.80 to provide for new tasks associated with peer review/analysis of ten (10) special-status plant and animal species and stream channel impact for completion of the Environmental Impact Report (EIR) for the Paraiso Hot Springs Resort (PLN040183), for a term through June 30, 2014; and
b. Authorize the Director of Planning to execute Amendment No. 2 to Professional Services Agreement No. A-12306 and future amendments to this Agreement where the amendments do not significantly alter the scope of work or change the approved Agreement amount.
(REF110063/ EMC Planning Group, Inc. and PLN040183/Environmental Impact Report for the Paraiso Hot Springs Resort)
 
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a.      Approve Amendment No. 2 to Professional Services Agreement No. A-12306 with EMC Planning Group, Inc. (EMC) where the Base Budget is increased by $6,010.00 for a total amount not to exceed $156,414.80 to provide for new tasks associated with peer review/analysis of ten (10) special-status plant and animal species and stream channel impact for completion of the Environmental Impact Report (EIR) for the Paraiso Hot Springs Resort (PLN040183), for a term through June 30, 2014; and
b.      Authorize the Director of Planning to execute Amendment No. 2 to Professional Services Agreement No. A-12306 and future amendments to this Agreement where the amendments do not significantly alter the scope of work or change the approved Agreement amount.
 
SUMMARY:
Synopsis of Professional Services Agreement (PSA) (see Attachment B).
 
DISCUSSION:
This is the second amendment to the PSA.  The prior increase was related to analyzing consistency with the 1982 General Plan and impacts to an intermittent stream on site.  As part of the biological analysis of the project, it was discovered that there were ten (1|1013|) protected species not addressed in the biological report and the stream channel had not been surveyed to determine the types of vegetation present.  Thompson Holdings, LLC, Project Applicant, has provided updated information on the ten (10) new species and the types of vegetation in the stream channel.  Amendment No. 2 will allow EMC to peer review the analysis of the ten (10) special-status plant and animal species and impacts to the riparian vegetation in the stream channel in order to complete the Paraiso Hot Springs Resort Environmental Impact Report (EIR).  Amendment No. 2 will increase the PSA by $6,010.00, for a total amount not to exceed $156,414.80 for a term through June 30, 2014.
 
OTHER AGENCY INVOLVEMENT:
The following agencies have reviewed Amendment No. 2 as to form and legality, and fiscal provisions, respectively:
Office of the County Counsel
Auditor-Controller's Office
 
 
FINANCING:
The terms of the Funding Agreement between Thompson Holdings, LLC, Project Applicant, and the County, require the expense of the existing PSA with EMC to complete the EIR for the Paraiso Hot Springs Resort to be funded by the Project Applicant in the amount not to exceed $143,554.80.  Resource Management Agency (RMA) - Planning budget funds were utilized to fund Amendment No. 1 to the PSA in the amount of $6,850.00.  The costs related to the additional peer review/analysis of ten (10) special-status plant and animal species and stream channel impact for completion of the EIR for the Paraiso Hot Springs Resort in the amount of $6,010.00 as outlined in Amendment No. 2 will also be paid from the RMA - Planning budget.  Sufficient funding is available in Fund 001, Unit 8172 - Planning to finance Amendment No. 2 to the PSA.    
 
Prepared by:      John H. Ford, Senior Planner, 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, Shawne Ellerbee, RMA Administration & Finance Manager, and Jacqueline Onciano, Planning Services Manager.
 
The following Attachments are on file with the Clerk of the Board:
 
Attachment A:       Amendment No. 2 to PSA No. A-12306 with
EMC Planning Group, Inc.
Attachment B:       Synopsis of PSA