Administrative
Report
N.3., File # 22-4947 Meeting Date: 11/15/2022
To: MAYOR AND CITY COUNCIL
From: BRANDY FORBES, COMMUNITY DEVELOPMENT DIRECTOR
TITLE
DISCUSSION AND POSSIBLE ACTION REGARDING RECOMMENDED AGREEMENTS NEEDED
TO REVIEW THE BEACH CITIES HEALTH DISTRICT HEALTHY LIVING CAMPUS PROJECT APPROVE AN AGREEMENT WITH RINCON CONSULTANTS, INC. FOR ENVIRONMENTAL
REVIEW SERVICES FOR PEER REVIEW OF THE BEACH CITIES HEALTH DISTRICT HEALTHY
LIVING CAMPUS PHASE ONE PROJECT ENVIRONMENTAL IMPACT REPORT FOR AN AMOUNT NOT TO EXCEED $97,108 AND THE TERM NOVEMBER 15, 2022 THROUGH NOVEMBER 14, 2023
APPROVE AN AGREEMENT WITH PLACEWORKS, INC. FOR PROFESSIONAL PLANNING
SERVICES FOR LAND USE ENTITLEMENT REVIEW OF THE BEACH CITIES HEALTH DISTRICT
HEALTHY LIVING CAMPUS PHASE ONE PROJECT FOR AN AMOUNT NOT TO EXCEED $119,647 AND THE TERM NOVEMBER 15, 2022 THROUGH NOVEMBER 14, 2023
APPROVE A REIMBURSEMENT AGREEMENT WITH BEACH CITIES HEALTH DISTRICT FOR
THE COSTS OF THE ENVIRONMENTAL PEER REVIEW SERVICES, PROFESSIONAL PLANNING
SERVICES, AND OUTSIDE LEGAL COUNSEL NEEDED TO CONSIDER THE BEACH CITIES
HEALTH DISTRICT HEALTHY LIVING CAMPUS PHASE ONE PROJECT FOR AN AMOUNT NOT TO EXCEED $316,755 AND THE TERM NOVEMBER 15, 2022 THROUGH THE DATE WHEN ALL
DISCRETIONARY ACTIONS AND ANY RELATED APPEALS INVOLVING THE PROJECT ARE
CONCLUDED
EXECUTIVE SUMMARY
Beach Cities Health District (BCHD) has been in the planning and design stages of creating a Healthy Living Campus Project for the property at 514 North Prospect Avenue to improve and expand facilities and programs at their site. The Project is complex and requires California Environmental Quality Act (CEQA) environmental review.
At this time, BCHD is finalizing their application for Phase 1 of the Healthy Living Campus Project, which includes Residential Care for the Elderly, Program for All-Inclusive Care for the Elderly, community services (i.e., social workers, assistance, information and referral, youth wellness), active open green space and parking. To properly review the project application, the City intends to do an environmental peer review of the CEQA documents. Additionally, due to the size and complexity of the Project, there is demand for a consultant to conduct professional planning review and for outside counsel to address legal matters related to CEQA and land use.
N.3., File # 22-4947 Meeting Date: 11/15/2022
The City issued a request for quotes and selected qualified firms for the peer review and professional planning services. The City Attorney’s office selected an outside firm currently under contract with the City to assist with the Project’s legal matters.
This item is for the approval of the contracts with outside consultants, as well as the Reimbursement Agreement between BCHD and the City of Redondo Beach to cover the cost of these services.
BACKGROUND
On February 24, 2022, BCHD transmitted a Pre-Application Submittal to the City of Redondo Beach for the proposed Phase 1 of the BCHD Healthy Living Campus (HLC) project. The Pre-Application process allows the City staff to review the initial exhibits and reports and provide the applicant with a list of additional materials and details that will be required at the time they submit applications for the Project’s discretionary entitlements.
BCHD received initial feedback from the City of Redondo Beach departments involved in Project review through the Pre-Application process and are currently preparing the more formal and complete application package.
Per the California Environmental Quality Act (CEQA) Guidelines Section 15051, “If the project will be carried out by a public agency, that agency shall be the Lead Agency even if the project would be located within the jurisdiction of another public agency.” Therefore, as BCHD is the public agency that will carry out the project, they are the Lead Agency for this project. The Lead Agency is responsible for following the appropriate CEQA process, including preparing and certifying the Environmental Impact Report (EIR) for the proposed project. BCHD did conduct the appropriate CEQA process and the Final EIR was issued for the BCHD HLC in September 2021.
A Responsible Agency per CEQA means a public agency, other than the Lead Agency, which has responsibility for carrying out or approving a project. Since the Project would require Planning Commission Design Review and Conditional Use Permit approvals, the City of Redondo Beach qualifies as a Responsible Agency. The City’s role as Responsible Agency is to consider the EIR prepared by the Lead Agency and reach its own conclusions on the discretionary approvals for the project. Although BCHD did complete the Final EIR in their Lead Agency capacity, the City as a Responsible Agency needs to consider the EIR and ensure that all components of the Project were environmentally considered in the EIR.
Multiple municipal land use entitlements must be obtained from the City to construct the project which will be considered by the Planning Commission following application submittal. In order to properly evaluate the Project, the services of an environmental consultant are necessary to conduct a peer review of the CEQA EIR. Additionally, the services of a professional planning consultant are necessary to review the numerous entitlement applications. The costs associated with this review are to be reimbursed to the City by the developer.
A request for quotes was issued in early August 2022 to numerous qualified consulting firms for the services of a professional planning consultant and for an environmental consultant. After receiving the submittal documents from firms by the August 29, 2022 deadline, staff reviewed the quotes and the qualifications of the firms and recommend that the professional planning consultant services contract be issued to Placeworks, Inc. and the environmental consultant contract be issued to Rincon
N.3., File # 22-4947 Meeting Date: 11/15/2022
contract be issued to Placeworks, Inc. and the environmental consultant contract be issued to Rincon Consulting, Inc.
The proposed contract with Placeworks, Inc. provides all necessary professional planning consultant services (see scope of work in the contract) at the fully reimbursed cost of $119,647. The proposed contract with Rincon Consulting Inc. provides all necessary environmental consultant services (see scope of work in the contract) at a fully reimbursed cost of $97,108.
The City Attorney’s Office plans to utilize Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., as outside legal counsel to advise the City on CEQA and land use matters related to the Project. These services are expected to cost and be reimbursed at a value of $100,000.
A Reimbursement Agreement has been prepared between the City and the project developer BCHD that will reimburse the City for the above expenses for a total not to exceed amount of $316,755 per the following:
· Rincon Consultants, Inc. environmental peer review of EIR $97,108 · Placeworks, Inc. professional planning review of entitlements$119,647 · Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
CEQA and Land Use Legal Counsel costs $100,000
The City already has an agreement with Mintz, Levin so there is not a separate agreement for legal counsel related to the Project. The developer has agreed to fully fund all costs associated with entitlement processing.
COORDINATION
The proposed professional services agreements and the Reimbursement Agreement have been prepared by and coordinated with the City Attorney’s Office. The selection of a Special Legal Consultant for this project was coordinated through the City Attorney's Office.
FISCAL IMPACT
All contract costs with Rincon Consultants, Inc., Placeworks, Inc., and Mintz, Levin, Cohen, Ferris, Glovsky and Popeo, P.C. as noted in the proposed contracts for this project and in this Administrative Report will be fully reimbursed to the City pursuant to the terms contained in the proposed Reimbursement Rgreement with BCHD.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Agmt - Rincon Consultant, Inc.
· Agmt - Placeworks, Inc.
· Agmt - Reimbursement Agreement with BCHD