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Consider renewing and amending a Funding Agreement (FA) between UPC East Garrison, LLC/Century Communities and the County of Monterey and renewing and amending a Professional Services Agreement (PSA) between Denise Duffy & Associates Inc. and the County of Monterey to extend the term of the FA and PSA to June 30, 2026 and to increase the not to exceed contract amounts by $161,972 and $124,445 respectively, for condition compliance and parking analysis services associated with the East Garrison final phase amendment project (PLN230321-AMD2).
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RECOMMENDATION:
Staff recommends that the Board of Supervisors:
a. Approve and authorize the Housing and Community Development Director to execute Renewal and Amendment No. 1 to Funding Agreement No. A-16313 between UCP East Garrison, LLC and the County of Monterey for the Combined Development Permit Amendment Project (PLN230321-AMD2), adding $161,791.50 to the existing funding agreement for a new not to exceed amount of $402,087.40, and extending the term through June 30, 2026;
b. Approve and authorize the Housing and Community Development Director to complete Renewal and Amendment No. 1 to the Professional Services Agreement No. A-16313 between the County of Monterey and Denise Duffy and Associates, Inc., adding $124,455 to the existing professional services agreement for a new not to exceed amount of $309,298.00, and extending the term through June 30, 2026;
c. Authorize the Housing and Community Development Director to execute the Funding Agreement between the County of Monterey and UCP East Garrison, LLC and the Professional Services Agreement between the County of Monterey and Denise Duffy and Associates, Inc.; and
d. Authorize the Housing and Community Development Director, or designee, to execute future amendments to the Agreements where the amendments to not significantly alter the scope of work or change the approved Agreement amount by more than 10%, subject to review by County Counsel.
SUMMARY/DISCUSSION:
At the January 24, 2024, Board of Supervisors’ (Board) meeting, the Board directed Housing & Community Development (HCD) staff to assign as high priority to process the East Garrison Specific Plan and Combined Development Permit Amendment Project for the remaining (final) phase of housing of the East Garrison Project.
On June 25, 2024, the final phase of the East Garrison project was approved. As a result of this approval, condition compliance must be met. A Funding Agreement with the applicant to fund the work and a Professional Services Agreement with a planning consultant to carry out the work is proposed for this project. The County would contract with Denise Duffy and Associates (DD&A) to perform condition compliance, including providing third party/peer review of the parking analysis provided by UCP East Garrison, LLC (also doing business as Century Communities). DD&A previously provided planning support and conducted the environmental review of the Project (PLN040203-AMD2). County staff is continuing DD&A’s involvement to do condition compliance as it is the most efficient to involve DD&A.
Considering all aspects of this project, including construction of housing, staff recommends entering into a Professional Services Agreement and Scope of Work with DD&A, and a Funding Agreement with UCP East Garrison, LLC to facilitate condition compliance and complete the East Garrison Final Phase in a timely manner.
OTHER AGENCY INVOLVEMENT:
The Office of the County Counsel and the Auditor-Controller’s Office have reviewed and approved the amended Professional Services Agreement and Scope of Work with DD&A, and the Funding Agreement with UCP East Garrison, LLC, respectively.
FINANCING:
This project has no impact to the General Fund as funding is provided through a Funding Agreement to be reimbursed with funds from UCP East Garrison, LLC. The County will manage the Agreement with DD&A.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
The action to approve the Agreements and other associated amendments supports the Board of Supervisors’ Strategic Initiative for Economic Development, Health and Human Services, and Economic Development and Administration by facilitating the construction of the remaining rental housing, parks, and open space at East Garrison.
X Economic Development
X Administration
X Health & Human Services
Infrastructure
Public Safety
Prepared by: Katie Scariot, Assistant Planner, (831) 796-6093 and Kathy Nielsen, Management Analyst II
Reviewed by: Melanie Beretti, AICP, HCD Chief of Planning
Approved by: Craig W. Spencer, HCD Director
The following attachments are on file with the Clerk of the Board:
Attachment A - Renewal and Amendment No. 1 to Funding Agreement Between County of Monterey and UCP East Garrison, LLC.
Attachment B - Renewal and Amendment No. 1 to Professional Services Agreement Between the County of Monterey and Denise Duffy and Associates, Inc., including:
Exhibit 1 - Scope of Work and Payment Provisions to Agreement by and Between the County of Monterey and Denise Duffy and Associates
cc: Katie Scariot, Assistant Planner; Craig Spencer, Director; Melanie Beretti, AICP, Chief of Planning; Lori Woodle, Finance Manager I; Kathleen Nielsen, Management Analyst II; District 4 Office