TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:April 25, 2023
SUBJECT: 500 East Thousand Oaks Boulevard Mixed-Use Project Environmental Review Consultant Contract
RECOMMENDATION:
1. Approve a professional services agreement with Meridian Consultants, LLC, (Meridian) of Thousand Oaks, CA, for the preparation of an environmental review document in compliance with the California Environmental Quality Act (CEQA) for a Mixed-Use Project located at 500 East Thousand Oaks Boulevard, with an agreement term May 1, 2023, through May 1, 2025, for $127,795 and additional services of $44,728 for a total not-to-exceed amount of $172,523.
2. Authorize budget appropriation and expenditure in a not-to-exceed amount of $172,523 from A/C #001-4210-447-4000 (Charges for Services – Planning Fees/Permit) to A/C #001-4210-641-5947 (Contracted Services, Reimbursable).
3. Find that the approval of a professional services agreement is not a project under California Environmental Quality Act (CEQA) Guideline Section 15378(b)(5) (CCR, Title 14, Chapter 3, Article 20).
FINANCIAL IMPACT:
$172,523 Increase to Adopted FY 2022-23 General Fund Budget, Fully Offset by Applicant Reimbursement. $172,523 increase to the Adopted FY 2022-23 General Fund Budget is required for the preparation of an environmental review document and will be reimbursed by the applicant at the completion of the project. Other costs are limited to staff time to prepare this report and assist in the preparation of the environmental review document, and costs are offset by application fees paid by the applicant.
500 E Thousand Oaks Blvd. Mixed-Use Project Environmental Review April 25, 2023
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6 BACKGROUND:
At the January 26, 2021, City Council meeting, City Council approved RCA 2019- 70236 and LU 2019-70238 (MCRT INVESTMENTS LLC), a request to initiate a General Plan Amendment to allocate 235 dwelling units from the Thousand Oaks Boulevard Specific Plan (SP 20) and citywide Measure E capacity and authorized concurrent processing of legislative actions and project entitlements for a proposed mixed-use project at the subject site. That proposal did not continue through the entitlement process and the 235 units allocated with that request were returned to the Measure E capacity.
Subsequently, at the March 29, 2022, City Council meeting, City Council approved RCA 2021-71206 and LU 2022-70219 (NAZARBEKIAN), a request to initiate a General Plan Amendment to re-allocate 236 dwelling units from the SP 20 and Citywide Measure E capacity and authorized concurrent processing of legislative actions and project entitlements for a proposed mixed-use project at the subject site. The approval involved reallocating the prior 235 units, plus one more for a total of 236 units for a new mixed-use concept on the subject site. The applicant was required to pursue formal project applications within one year of the allocation, which was March 29, 2023.
On November 14, 2022, the applicant submitted Pre-Application (PAR) 2022- 70001, which was reviewed by all relevant City agencies, departments, and representatives to provide development comments ahead of the applicant’s formal submittal. Based on input provided at the December 21, 2022, PAR Meeting, staff began preparation of a Formal Request for Proposals/Qualifications (RFP/Q) for the preparation of an environmental review document for the Project.
Between March 2 and March 20, 2023, Cherry Tree Development, LLC (Applicant) and The Nazarbekian Properties Trust (Property Owner) submitted formal applications for the proposed 500 E. Thousand Oaks Boulevard Mixed-Use development (Project) consisting of various applications which include but are not limited to Special Use Permit (SUP 2023-70011), Development Agreement, Protected Tree Permit, etc. Project materials were reviewed by all relevant City agencies, departments, and representatives, and the application was deemed “Incomplete” on March 30, 2023.
500 E Thousand Oaks Blvd. Mixed-Use Project Environmental Review April 25, 2023
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6 DISCUSSION/ANALYSIS:
The proposed Project continues to make progress through the entitlement phase.
Additional application materials are to be submitted as the application remains incomplete per the corrections letter sent on March 30, 2023. It is anticipated that upon the completion of the CEQA Adequacy Review and/or Initial Study, staff and consultant would identify the appropriate environmental document to be prepared, including associated timelines for review, and consideration by the Planning Commission and City Council.
In accordance with Government Code section 4526 and Thousand Oaks Municipal Code section 3-10.401, staff solicited an RFP/Q for a consultant to prepare the Environmental Review Document for the Mixed-Use Project at 500 E Thousand Oaks Blvd. Unlike the low bid requirements of the Public Contract Code, contracts for professional, management, general, or special services should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, training, credentials, resources, staffing, and other professional qualifications necessary to accomplish the services solicited. The award of an RFP/Q is based upon a variety of factors that demonstrate the best value to the City for the solicited scope of work or service. The cost of the service may be considered as one of those factors; however, the lowest cost is not the sole factor in deciding who will be awarded the contract.
On March 24, 2023, the City advertised the RFP/Q in the newspaper, on the City’s website, and sent the RFP/Q to environmental consultants that had registered with the City. The sealed proposals were required to be submitted no later than April 7, 2023. Staff received and reviewed proposals from the following:
Firm Name Primary Location
EcoTierra Consulting, Inc 5776-D Lindero Canyon Road
#414. Westlake Village, CA 91362
Eyestone Environmental 2121 Rosecrans Ave, El Segundo, CA 90245
Kimley-Horn 660 S Figueroa St #2050, Los Angeles,
CA 90017
Meridian Consultants, LLC 860 Hampshire Rd #P, Thousand Oaks, CA 91361
Following staff evaluation, Meridian Consultants, LLC was selected by the Community Development Department based on their experience, competence, approach, training, credentials, professional qualifications, resources, staffing availability, proposal value, and timelines. Meridian Consultants was determined to be the most appropriate firm for the work required given their familiarity with the existing environmental documents for the specific plan, and their experience 500 E Thousand Oaks Blvd. Mixed-Use Project Environmental Review April 25, 2023
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6 working with the type of documents that may be required for the project, which include but are not limited to an Environmental Impact Report Addendum, Mitigated Negative Declaration, or Environmental Impact Report. The Meridian scope of work includes the preparation of an environmental document in compliance with CEQA to analyze the proposed project’s reasonable and foreseeable impacts on environmental factors as defined by CEQA. The project is generally described as a request to construct a new mixed-use development consisting of 328 residential units, approximately 4,770 square feet of commercial space, two parking garages, public exterior gathering areas, roof decks, public open space, including grading, hardscape, landscape, and encroachment into the protected zone of various oak trees on a vacant 6.09-acre property.
Meridian has prepared a Scope of Work which has been reviewed and accepted by both the City and the applicant team. Meridian’s proposed costs are $127,795 to complete the scope of work for the environmental review. Further, staff proposes, and the Applicant agrees, to include additional services in the amount of $44,728 to timely address any further issues that may arise during the preparation of the environmental review document, and public comment or public hearings and not unnecessarily delay the project’s consideration by the Planning Commission and or City Council. The Agreement for Professional Services with Meridian (Attachment #1) is in a total not-to-exceed amount of $172,523 and all costs will be fully reimbursed by the Applicant.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
I. Maintain a strong local employment base geared toward retaining high quality businesses; Sustain a healthy business community; and, Diversify the local economy, with a specific emphasis on small businesses and high technology/biomedical jobs.
J. Implement high quality revitalization projects within Thousand Oaks Boulevard and Newbury Road Areas; Develop a pedestrian-oriented, viable, and self- 500 E Thousand Oaks Blvd. Mixed-Use Project Environmental Review April 25, 2023
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6 sustaining "Downtown;” and, continue to support production of long-term affordable housing.
PREPARED BY: Justine Kendall, Associate Planner and
Carlos Contreras, Senior Planner
REVIEWED BY:
Attachments:
Attachment #1 – Agreement for Professional Services
cdd:410-30\SJK\ H:\COMMON\Administration & Special Projects\Contracts-POs-Task Orders\500ETOB