Administrative
Report
H.7., File # 22-4371 Meeting Date: 7/5/2022
To: MAYOR AND CITY COUNCIL
From: BRANDY FORBES, COMMUNITY DEVELOPMENT DIRECTOR
TITLE
APPROVE THE FIFTH AMENDMENT TO THE AGREEMENT WITH RINCON CONSULTANTS, INC
FOR ENVIRONMENTAL REVIEW SERVICES OF A PROPOSED DEVELOPMENT PROJECT TO BE LOCATED AT 100-132 N. CATALINA AVENUE FOR AN ADDITIONAL $17,891 FOR A NEW TOTAL NOT TO EXCEED AMOUNT OF $211,749 AND A TERM THROUGH SEPTEMBER 30, 2022
APPROVE THE THIRD AMENDMENT TO THE REIMBURSEMENT AGREEMENT WITH CATALINA
FUND, LLC FOR REIMBURSEMENT OF COSTS RELATED TO THE ENVIRONMENTAL REVIEW OF A PROPOSED DEVELOPMENT PROJECT TO BE LOCATED AT 100-132 N. CATALINA AVENUE FOR AN ADDITIONAL $17,891 FOR A NEW TOTAL NOT TO EXCEED AMOUNT OF $239,583 AND A TERM THROUGH SEPTEMBER 30, 2022
EXECUTIVE SUMMARY
The City entered into an agreement with Rincon Consultants, Inc. on August 20, 2019 to prepare a CEQA Initial Study/Mitigated Negative Declaration (IS/MND) for a proposed project to be located at 100-132 N. Catalina Avenue. There have been four (4) previous amendments to the original contract for additional scope of work and term extensions to enable further analysis required for the IS/MND.
The project has undergone three public hearings, one by the Preservation Commission and two by the Planning Commission.
The current fifth amendment is for the consultant to perform additional traffic analysis work that was requested by the Planning Commission at the last public hearing. The analysis will cost an additional $17,891 and will be fully reimbursed to the City under the terms of the proposed third amendment to the reimbursement agreement with the project developer.
BACKGROUND
The proposed development is a mixed-use, density bonus project with 4 affordable housing units (very low income) and 26 market rate units. The project involves removal of a commercial building and portions of others. Four existing non-residential buildings that are contributors to a potential historic district would be adaptively reused, with the former lodge building repurposed for residential use. Approximately 3,000 square feet of non-residential space would be retained for a food and beverage sales use. The applicant requests three incentives/concessions, consisting of lot consolidation, 3-story buildings, and mixed-use zoning (for the adaptive reuse of the historic buildings).
The proposed project required preparation of environmental documents under the California
H.7., File # 22-4371 Meeting Date: 7/5/2022
The proposed project required preparation of environmental documents under the California Environmental Quality Act (CEQA), for which a contract with Rincon Consultants, Inc. was approved by City Council on August 20, 2019.
To date, the Environmental Impact Report (EIR) has been prepared and three public hearings have been conducted, one at the Preservation Commission, and two at the Planning Commission. At the last meeting, the Planning Commission requested further analysis of the traffic impacts related to various residential unit sizes. The fifth contract amendment is needed to cover the cost of the additional analysis.
All costs associated with the project’s environmental review are fully reimbursed by the project developer, Catalina Fund, LLC, subject to the terms of the reimbursement agreement with the City.
The reimbursement agreement includes the EIR preparation by Rincon and review by the City’s legal consultant, Best Best & Kreiger. The additional $17,891 in reimbursement will be paid to the City within 14 days of amendment approval.
COORDINATION
Preparation of the contract amendments have been coordinated with the City Attorney’s Office.
FISCAL IMPACT
All prior and additional contract costs for the EIR are fully reimbursed to the City pursuant to the terms contained within the amended reimbursement agreement with the project developer.
City staff time is part of the Planning Division’s annual work product, a portion of which is funded by entitlement application fees reflected in the City’s Master Fee Schedule.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Fifth Amendment Rincon Consultants, Inc.
· Third Amendment Reimbursement Agreement Catalina Fund, LLC · Fourth Amendment Rincon Consultants, Inc. March 1, 2022 · Second Amendment Reimbursement Agreement Catalina Fund, LLC March 1, 2022 · Third Amendment Rincon Consultants, Inc. December 14, 2021 · Second Amendment Rincon Consultants, Inc. February 2, 2021 · First Amendment Reimbursement Agreement Catalina Fund, LLC February 2, 2021 · First Amendment Rincon Consultants, Inc. June 16, 2020 · Original Contract Rincon Consultants, Inc. August 20, 2019 · Original Reimbursement Agreement Catalina Fund, LLC August 20, 2019