Report Prepared by: Julie Nelson, Senior Planner, Development Services Department
Title
SUBJECT: Approval of a Professional Services Agreement with J.B. Anderson Land Use Planning and Deposit and Reimbursement Agreement with Bellevue Merced, LLC, Baxter Ranches, LLC, and Hostetler Investments, LLC for Preparation of an Environmental Document for General Plan Amendment #17-02 and Site Utilization Plan Revision #12 to Planned Development (P-D) #42
REPORT IN BRIEF
Considers approving a Professional Services Agreement with J.B. Anderson Land Use Planning in the amount of $96,004 for preparation of an environmental document for General Plan Amendment #17-02 and Site Utilization Plan Revision #12 to Planned Development (P-D) #42 to change land use designations in portions of Bellevue Ranch. Also considers approving a Deposit and Reimbursement Agreement with Bellevue Merced, LLC, Baxter Ranches, LLC, and Hostetler Investments, LLC, in the amount of $105,604.40 to cover the costs of the preparation of the environmental document and related administrative costs.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Professional Services Agreement with J.B. Anderson Land Use Planning in the amount of $96,004 for preparation of an environmental document for General Plan Amendment #17-02 and Site Utilization Plan Revision #12 to Planned Development (P-D) #42; and,
B. Approving the Deposit and Reimbursement Agreement with Bellevue Merced, LLC, Baxter Ranches, LLC, and Hostetler Investments, LLC, in the amount of $105,604.40 to cover the cost of the consultant contract and staff time for the administration of the environmental review process; and,
C. Approving an increase of revenue in the amount of $96,004 to account 017-0804-360-01-02 - Other Revenue Developers and appropriating $96,004 to account 017-0804-512-17-00-Professional Services for payment to J.B. Anderson Land Use Planning; and,
D. Approving an increase of revenue in the amount of $9,601 to account 017-0804-331-01-11 - Cost Recovery; and,
E. Authorizing the City Manager or Deputy City Manager to execute the documents.
Body
ALTERNATIVES
1. Approve the agreements, as recommended by staff; or,
2. Approve the agreements, subject to modifications by City Council (identify specific items to be amended in the motion); or,
3. Deny; or,
4. Refer to staff for reconsideration of specific items (to be addressed in the motion); or,
5. Continue to a future City Council meeting (date and time to be specified in the motion).
AUTHORITY
Charter of the City of Merced, Section 200
DISCUSSION
Proposed Project
Bellevue Merced, LLC, Baxter Ranches, LLC, and Hostetler Investments, LLC, have submitted an application for a General Plan Amendment and Site Utilization Plan Revision to Planned Development (P-D) #42. The application is a request to change the land use designation for several areas within the Bellevue Ranch Master Development Plan (BRMDP) area (Attachment 1) and changes to Table 6.1 of the BRMDP regarding the timing of the installation of infrastructure to serve the area.
As part of the review process, an environmental review in compliance with the California Environmental Quality Act (CEQA) is required. Due to the complexity and time it takes for the environmental review, City staff and the applicant have agreed to have an outside consultant prepare the environmental review document. City staff and the project applicants are recommending that J.B. Anderson Land Use Planning be selected as the environmental consultant due to their experience with similar projects and their understanding and level of analysis of the project issues in the subject area. J.B. Anderson Land Use Planning and its staff members who will work on the project have the required experience and qualifications to complete the proposed environmental work.
Terms of the Agreements
Attachment 2 contains the recommended agreement for professional services which includes a scope of services, budget, and the anticipated schedule. The scope of work will include the preparation of an initial study in anticipation of the preparation of a Mitigated Negative Declaration (if it is determined that an Environmental Impact Report is required, the scope will need to be amended), and technical studies that include air quality, greenhouse gas analysis, and traffic.
As indicated in the reimbursement agreement (Attachment 3), the applicant will pay for the entire consultant cost ($96,004). The applicants will also reimburse the City for staff time spent on administering the environmental process. An additional deposit of $9,600.40 (ten percent of the cost of the environmental review) is required upon execution of the agreement to cover the administrative costs.
The applicants also acknowledge in Section 2 of the reimbursement agreement (Attachment 3) that "the contract with the Consultant is being entered into by the City as an accommodation to the Developer to facilitate the evaluation of the project and does not guarantee any particular result of outcome. Developer further acknowledges and agrees that it shall have no control over the work product of the Consultant, and that its payment of the costs is not dependent thereon."
IMPACT ON CITY RESOURCES
The entire cost for preparing the environmental document ($96,004) will be reimbursed to the City by the developers as well as the additional costs ($9,600.40) to cover City staff management of the consultant contract and environmental process.
ATTACHMENTS
1. Location Map
2. Professional Services Agreement with J.B. Anderson Land Use Planning
3. Deposit and Reimbursement Agreement with Property Owners