November 18, 2025
Agenda Item No. 6
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
Jaime Murillo, Acting Community Development Director - 949-644-3209, [email protected] PREPARED BY:
Benjamin M. Zdeba, AICP, Planning Manager - 949-644-3253, [email protected] TITLE:
Amendment No. Two to the Professional Services Agreement with Schmitz & Associates ABSTRACT:
For the City Council’s consideration is Amendment No. Two to the professional services agreement with Schmitz & Associates (Schmitz) for advisory and advocacy services before the California Coastal Commission (CCC). The City of Newport Beach (City) entered into the agreement in March 2025, and Schmitz has successfully supported several Local Coastal Program amendments and other CCC-reviewed projects since that time. With additional CCC items anticipated, staff recommends that the City Council waive standard bidding requirements under Council Policy F-14 and approve an increase to the agreement’s not-to-exceed amount from $120,000 to $240,000 to ensure uninterrupted service and continued representation before the CCC.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Authorize the Mayor and City Clerk to enter into an Amendment No. Two to On-Call Professional Services Agreement with Schmitz & Associates for Advisor and Advocate Services for City Applications Before the California Coastal Commission with an amount not -to-exceed $240,000; and c) Waive the standard bidding requirements provided by City Council Policy F-14 and approve a single source award of the agreement to Schmitz & Associates.
DISCUSSION:
In the past, the City has benefited from engaging the services of specialized firms to advise and advocate for City applications and efforts before the California Coastal Commission (CCC). Due to several major amendments to the City’s certified Local Coastal Program and Implementation Plan, as well as several projects with complex coastal issues, the City once again needed such services. On March 25, 2025, City staff executed a single source professional services agreement with Schmitz & Associates (Schmitz) for an amount not-to-exceed $75,000 (Attachment C).
On July 21, 2025, Amendment No. One was executed to increase the total compensation amount to $120,000 (Attachment B).
Since entering into the original agreement, Schmitz has successfully assisted the City with notable Local Coastal Program (LCP) Amendments, including the Commercial Parking Update, Short-Term Lodging Amendments, and the VE Special Flood Hazard Overlay Zone, as well as Public Works projects such as the accessibility improvements for The Wedge walkway.
City staff foresees using Schmitz's services for other upcoming projects, which necessitate this amendment (Attachment A) to increase the total compensation to $240,000 The termination date will remain unchanged as March 31, 2027.
Waiver of Council Policy F-14
City Council Policy F-14 allows for the request of sole and single source awards in certain cases when competitive bidding is either impractical or impossible. The City had previously engaged Schmitz and McCabe & Company (McCabe) for these services related to the CCC. Due to pending City litigation with a client, McCabe was not an option at the time. Other consultants with recognized CCC experience and documented success included CAA Planning, Inc., and Gaines & Stacey; however, both firms were/are representing various individuals who have applications for coastal development and harbor permits in the City, potentially resulting in conflict-of-interest issues. The City Council's approval of a single source award to Schmitz is recommended to help ensure uninterrupted service and continued representation before the CCC.
FISCAL IMPACT:
The adopted budget includes sufficient funding for this purchase. It will be expensed to the Planning Professional Services account in the Community Development Department, 01050501-811008.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A – Amendment No. Two
Attachment B – Amendment No. One
Attachment C – Original Professional Services Agreement 6-3
6-1
Amendment No. Two to the Professional Services Agreement with Schmitz & Associates November 18, 2025
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