HomeMy WebLinkAbout08-20-2015 Avila Ranch LLC Deposit/Reimbursement Agreement No. 2DEPOSIT /REIMBURSEMENT AGREEMENT NO.2
This Deposit /Reimbursement Agreement ( "Agreement ") is made on this A 0***— day of
-�' , 2015 by and between the City of San Luis Obispo, a municipal corporation
and Vharter City ( "City ") and Avila Ranch, LLC, a California limited liability company ( "Avila
Ranch ").
RECITALS
WHEREAS, Avila Ranch is the owner of that certain real property located within the County of
San Luis Obispo, California, generally described as 173 Buckley Road and 175 Venture Road,
San Luis Obispo, California (APNs 053- 259 -004, 053- 259 -005 and 053- 259 -006; collectively
referred to herein as the "Property ").
WHEREAS, Avila Ranch proposes to entitle and/or develop the Property to accommodate a mix
of residential and commercial uses, and has submitted an application with the City for various
discretionary land use approvals including, an Airport Area Specific Plan amendment, General
Plan amendment, Vesting Tentative Tract Map, Architectural Review, and public improvement
plans (the "Project ").
WHEREAS, pursuant to the terms and conditions set forth herein, Avila Ranch has agreed to
reimburse the City for its costs and expenses related to the processing of the Project, including
the costs and expenses of professional consultants and all other reasonable costs related to the
processing and review of the Project; and,
WHEREAS, Avila Ranch and City previously entered into a Reimbursement Agreement on
August 21, 2012 for preliminary planning services and that scope of work has a remaining
balance of $10,552.24 which shall be applied to the current project scope;
WHEREAS, City and Avila Ranch now desire to amend the scope of work under the
Reimbursement Agreement and specify the new scope of work and the terms of such
reimbursement, including cash deposits to be made by Avila Ranch as provided herein.
AGREEMENT
NOW, THEREFORE, in consideration of the following mutual promises and agreements, City
and Avila Ranch agree as follows:
1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated herein by this reference.
2. City to Retain Consultant. As part of the City's processing of the Project, the City may,
in its sole and absolute discretion, retain, by means of a contract ( "Consultant Contract "),
the services of contract staff, a consultant, or consultants (hereinafter "Consultant ") in
order to assist with the City's processing of the Project. The presently contemplated
scope of work of the Consultant is attached hereto as Exhibit A and incorporated herein
by this reference. The City reserves the right, in its sole and absolute discretion, to
amend the scope of work as it deems necessary and appropriate in order for City to
Avila Ranch Reimbursement Agreement
process the Project. City shall consult with Avila Ranch regarding the necessity for any
such amendments but such amendments shall not require Avila Ranch's consent.
3. Avila Ranch to Cooperate. Avila Ranch agrees that it will instruct its agents, employees,
consultants, contractors and attorneys to reasonably cooperate with City and to provide
all necessary documents or information reasonably requested of them by the City;
provided, however, that the foregoing shall not require the disclosure of any documents
or information of Avila Ranch which Avila Ranch considers or by law is privileged,
proprietary, or confidential.
4. City's Selection of Consultant. City acknowledges that it has selected Rincon
Consultants, Inc. to act as the Consultant for the Project pursuant to the terms hereof.
Avila Ranch agrees that the City may, in its sole and absolute discretion, select another
consultant to replace the Consultant identified above and may do so without consulting
with Avila Ranch or obtaining Avila Ranch's prior approval. Avila Ranch further
acknowledges and agrees that the City may need to retain additional consultants that are
not known at this time in order to process the Project. In such event, the City shall notify
Avila Ranch of the need for any additional consultants. If Avila Ranch disagrees with the
City's need to retain additional consultants, then Avila Ranch's sole and exclusive
remedy will be to terminate this Agreement pursuant to Section 10. Avila Ranch
understands that such termination will relieve the City of further obligation to process the
Project.
5. Avila Ranch's Reimbursement of Consultant Costs, Expenses and Administrative Fees.
Avila Ranch shall advance the City for costs and expenses regarding to the Consultant
Contract ( "Consultant Costs ") and any related administrative fees and expenses incurred
by the City. The City has preliminarily reviewed the scope of work required of the
Consultant and has estimated the aggregate Consultant Costs and fees to be no less than
$173,942 which includes Consultant Estimated cost of $133,802 plus a 30%
administrative fee of $40,140.60.
6. Deposits to be made by Avila Ranch.
a. Initial Deposit. Avila Ranch shall provide the City with an initial deposit in the
amount of the estimated Consultant Costs and fees as provided in Section 5 above.
The Initial Deposit, as well as any subsequent Replenishment Deposits(s) described in
Section 6(b) below (collectively the "Deposit "), may be commingled with other funds
of the City. The remaining amount due for the Initial Deposit is $163,390 above and
beyond the remaining balance of the August 21, 2012 Reimbursement Agreement.
b. Replenishment Deposit(s). Subject to the provisions of this Agreement, Avila Ranch
hereby agrees that whenever the amount of the Deposit declines to $5,000 or less, the
City may request an additional deposit in an amount necessary to return the Deposit
to an amount sufficient to cover all anticipated costs under the Consultant Contract as
City may determine. Avila Ranch shall deliver a Replenishment Deposit to City
within fifteen (15) days following such written request.
-2-
Avila Ranch Reimbursement Agreement
c. Suspension of Work. Any work on the Project shall be suspended if the Deposit is not
timely replenished.
d. Records. City shall at all times maintain records as to the expenditure of the Deposit.
Within fifteen (15) days of written request by Avila Ranch, City shall provide Avila
Ranch with copies of each statement of invoice received from Consultant(s).
e. Return of Deposit. Within fifteen (15) days following the termination of this
Agreement, City shall return any then unexpended portion of the Deposit to Avila
Ranch, without interest, less any amount owed to the City by Avila Ranch, together
with an accounting as to how the funds have been expended.
7. Agreement Not Debt or Liability of City. It is hereby acknowledged and agreed that this
Agreement is not a debt or liability of City. City shall not in any event be liable hereunder
other than to return the unexpended and uncommitted portions of the Deposits and to
provide an accounting as provided in Section 6.e above. City shall not be obligated to
advance any of its own funds with respect to the Consultant Costs.
8. Conflicts of Interest.
a. Consultants Workfor City. City has sole discretion to direct the work and evaluate the
performance of the Consultant and its employees assigned to work on the Project, and
City retains the absolute right to terminate or replace at any time any such person or
entity. Any documents prepared hereunder or any approvals grants shall reflect the
independent judgment of the City. Accordingly, even though the funds provided
hereunder shall be utilized to retain Consultants and for administrative costs, such
Consultants shall work solely for the City and shall not take direction or guidance
from Avila Ranch.
b. Selection and Payment by City. City has sole and absolute discretion to select which
of its Consultants are assigned to work on the Project. City has the sole and absolute
discretion to determine the amount of compensation paid to Consultants assigned to
work on the Project.
c. No Employment by Avila Ranch. Avila Ranch represents and warrants that for the 12
months preceding the submission of its Project application, it has not entered into any
arrangement to pay financial consideration to, and has not made any payment to, the
Consultant.
d. City to Retain Absolute Discretion Regarding Project Approvals. Avila Ranch
acknowledges and agrees that notwithstanding Avila Ranch's reimbursement
obligations under this Agreement, the City remains free to exercise its independent
judgment in the processing and approval of the Project and further acknowledges and
agrees that City is not obligated to approve any or all of the proposed uses, permits or
other entitlements for the Property, to approve any environmental documents or
general plan or municipal code amendments which may be required for any of the
uses contemplated for the Property. Avila Ranch warrants and represents that no City
official, officer, Consultant, agent or attorney has represented, expressly or impliedly,
-3-
Avila Ranch Reimbursement Agreement
that the City will approve any proposed use of the Property or enter into any type of
development agreement. Avila Ranch understands that there may be numerous
legislative and quasi-judicial decisions to be made by the City with regard to the
development of the Property; that all such decisions of the City with regard to the
Property and the contemplated uses of the Property will be made only after
compliance with all the City's statutory and other legal obligations and after
considering all appropriate information and evidence; and that such evidence may
cause the City to disapprove any or all of the contemplated uses of the Property.
Notwithstanding anything in this Agreement to the contrary, the City retains all
authority and discretion granted to it by law to approve, disapprove or modify any of
the proposed uses of the Property.
9. Term. The term of this Agreement shall commence on June 15, 2014, and, except as
provided herein, shall terminate when all work by the Consultant Contract has been
completed to the City's reasonable satisfaction and Avila Ranch has satisfied all of its
obligations under this Agreement including, without limitation, the obligation to pay the
City for Consultant Costs and Excess Costs, if any. Avila Ranch's obligation to
reimburse the City as provided in this Agreement shall survive the termination of this
Agreement pursuant to this Section 9.
10. Early Termination. For good cause, the City may terminate this Agreement prior to the
term set forth in Section 9 above, without cost or liability to the City, upon thirty (30)
days prior written notice to Avila Ranch. Avila Ranch, upon thirty (30) days' prior
written notice, may, in its reasonable and sole discretion, terminate this Agreement prior
to the end of the term set forth in Section 9 above, provided that Avila Ranch has
satisfied all of its obligations under this Agreement to date of such termination that Avila
Ranch has given the City written notice withdrawing its applications(s) for the Project.
Within two (2) business days following either the City's decision to terminate this
Agreement or the City's receipt of written notice indicating Avila Ranch's decision to
terminate this Agreement, the City shall notify the affected Consultants and instruct them
to cease work under this Contract.
11. Remedies Upon Default. An event of default shall be deemed to exist upon the
occurrence of all of the following:
a. Either the City or Avila Ranch has, without legal justification or excuse, breached any
one or more of its obligations under this Agreement; and
b. The non - defaulting party has sent written notice to the party claimed to be in default,
specifying the default and what actions the non - defaulting party asserts should be
taken to remedy the default; and
c. The party claimed to be in default has not, within ten (10) days following receipt of the
written notice described above, either corrected the default or taken actions,
reasonably satisfactory to the non - defaulting party, to remedy the default within a
reasonable period of time, but in no event longer than thirty (30) days after receipt of
the written notice described in (b) above.
-4-
Avila Ranch Reimbursement Agreement
Following an event of default, the non - defaulting party may exercise any and all remedies
available to it pursuant to this Agreement, or at law or in equity, including, without limitation,
instituting an action for damages, injunctive relief, or specific performance.
12. Indemnification. To the fullest extent provided by law, Avila Ranch shall indemnify,
defend and hold City its agents, officials, officers, employees harmless from and against
any and all claims, causes of action, damages, lawsuits or liability, which arise from or
relate to City's retention of Consultant and City's performance under the Consultant
Contract except that Avila Ranch's duty to indemnify and defend as provided herein shall
not extend to any claims or liability arising from the proven gross negligence or willful
misconduct of City. Avila Ranch's duty to indemnify and defend shall survive
termination of this Agreement.
13. Non - Waiver of Rights or Remedies. The failure of a party to exercise any one or more of
its rights or remedies under this Agreement shall not constitute a waiver of that party's
right to enforce that right or seek that remedy in the future. No course of conduct or act
of forbearance on any one or more occasions by any party to this Agreement shall
preclude that party from asserting any right to remedy available to it in the future. No
course of conduct or act of forbearance on any one or more occasions shall be deemed to
be an implied modification of the terms of this Agreement.
14. Assignability. This Agreement may not be assigned by either party without the prior and
express written consent of the other party, which consent shall not be unreasonably
withheld. In determining whether to approve a request by Avila Ranch to assign this
Agreement, the City may consider, among other things, the proposed assignee's financial
status and commitment to the Project. Any attempted assignment of this Agreement not
in compliance with the terms of this Agreement shall be null and void and shall confer no
rights or benefits upon the assignee.
15. No Oral Modifications. This Agreement represents the entire understanding of the City
and Avila Ranch and supersedes all other prior or contemporaneous written or oral
agreements pertaining to the subject matter of this Agreement. This Agreement may be
modified only by a writing signed by the authorized representatives of both the City and
Avila Ranch.
16. Binding Upon Successors. This Agreement and each of its terms shall be binding upon
the City, Avila Ranch and their respective officers, elected officials, Consultants, agents,
contractors, and permitted successors and assigns.
17. Legal Challenges. Nothing herein shall be construed to require City to defend any third
party claims and suits challenging any action taken by the City with regard to any
procedure or substantive aspect of the City's approval of development of the Property,
the environmental process, proposed uses of the Property or development agreement, if
any. Avila Ranch may, however, in its sole and absolute discretion, appear as real party
in interest in any such third party action or proceeding. If the City defends such action or
proceeding, Avila Ranch shall be responsible to reimburse the City for whatever legal
-5-
Avila Ranch Reimbursement Agreement
fees and costs, in their entirety that may be incurred by the City in defense of such action
or proceeding. The City and Avila Ranch shall seek to jointly approve legal counsel, but
the City shall have the absolute right to retain such counsel as it deems necessary and
appropriate if such joint agreement cannot be reached. Avila Ranch shall reimburse City
in the event of an award of court costs or attorney fees is made against City in favor of
any third party challenging either the sufficiency of an environmental impact report or the
validity of the City's approval of the Application if any.
18. Attorneys' Fees. In the event that any action or proceeding, including arbitration, is
commenced by either the City or Avila Ranch against the other to establish the validity of
this Agreement or to enforce any one or more of its terms, the prevailing party in any
such action or proceeding shall be entitled to recover from the other, in addition to all
other legal and equitable remedies available to it, its actual attorneys' fees and costs of
litigation, including, without limitation, filing fees, service fees, deposition costs,
arbitration of costs and expert witness fees, including actual costs and attorneys' fees on
appeal.
19. Jurisdiction and Venue. This Agreement is executed and is to be performed in the City of
San Luis Obispo, and any action or proceeding brought relative to this Agreement shall
be heard in the appropriate court in the County of San Luis Obispo, California. The City
and Avila Ranch hereby each consent to the personal jurisdiction of the court in any such
action or proceeding.
20. Time is of the Essence. Except as otherwise expressly stated, time is of the essence in the
performance of each and every action required pursuant to this Agreement.
21. Covenant of Further Assurances. The City and Avila Ranch shall take all other actions
and execute all other documents, which are reasonably necessary to effectuate this
Agreement.
22. Interpretation. The City and Avila Ranch agree that this Agreement is the product of
mutual negotiations and is an arms - length transaction. Each party has negotiated this
Agreement with the advice and assistance of legal counsel of its own choosing.
It is further agreed that the terms of this Agreement shall be construed in accordance with
the meaning of the language and shall not be construed for or against either party by
reason of authorship and the rule that ambiguities in a document shall be construed
against the drafter of the document shall have no application to this Agreement. In
construing and interpreting this Agreement, the finder of fact shall give effect to the
mutual intention of the City and Avila Ranch, notwithstanding such ambiguity, and may
refer to the facts and circumstances under which this Agreement is made and such other
extraneous evidence as may assist the finder of fact in ascertaining the intent of the City
and Avila Ranch.
23. Severability. If any term or provision of this Agreement is found to be invalid or
unenforceable, the City and Avila Ranch both agree that they would have executed this
Agreement notwithstanding the invalidity of such term or provision. The invalid term or
Avila Ranch Reimbursement Agreement
provision may be severed from the Agreement and the remainder of the Agreement may
be enforced in its entirety.
24. Headings. The headings of each section of this Agreement are for the purposes of
convenience only and shall not be construed to either expand or limit the express terms
and language of each section.
25. Representations of Authority. Each party signing this Agreement on behalf of a party
which is not a natural person hereby represents and warrants to the other party that all
necessary legal prerequisites to that party's execution of this Agreement have been
satisfied and that he or she has been authorized to sign this Agreement and bind the party
on whose behalf he or she signs.
26. Notices. Notices required under this Agreement shall be sent to the following:
If to the City: City of San Luis Obispo
Attn: City Manager
990 Palm Street
San Luis Obispo, CA 93401 -3249
Facsimile No. (805) 781 -7109
If to Avila Ranch: Avila Ranch, LLC
Attn: Andrew D. Mangano
735 Tank Farm Road, Suite 240
San Luis Obispo, CA 93401
Notices given pursuant to this Agreement shall be deemed received as follows:
(a) If sent by United States Mail — five (5) calendar days after deposit into the United
States Mail, first class postage prepaid.
(b) If by facsimile — upon transmission and actual receipt by the receiving party.
(c) If by express courier service or hand deliver — on the date of receipt by the receiving
party.
The addresses to notices set forth in this Section 24 may be changed upon written notice of such
change to either the City or the Avila Ranch, as appropriate.
27. Days. Unless otherwise specified to the contrary, "days" in this Agreement shall mean
calendar, not business days.
[Signatures on following page]
-7-
Avila Ranch Reimbursement
IN WITNESS WHEREOF, the parties have executed this Agreement as of the first date set
forth above.
CITY OF SAN LUIS OBISPO
A Municipal Corporation
By:(,-- a �r�
Katie i chtig
City Manager
ATTEST;
C
ny J. Meji
Ci Clerk
APPROYEID AS TO FORM:
C44
City,
A %11L INCH, LLC
,f
By.
Andrew D. Mana�nc
APPROVED AS
Legal Counsel for Avila Ranch
-8-
ng Member
City Manager Report
Final City Manager Approval
Approver Name
Date Approved
City Administration
Michael Codron (pending
FIT sign off)
July 7, 2015
Reviewer Routing List
Reviewer Name
Date Reviewed
City Attorney
Jma
6/29/15
Finance & Information Technology
mwP
7/15
June 26, 2015
FROM: Derek Johnson, Community Development Director D77 06/26/15
PREPARED BY: Cori Ryan, Supervising Administrative Assistant
SUBJECT: Reimbursement Agreement for consultant costs related to Avila Ranch
development review process.
RECOMMENDATION
Approve the Reimbursement Agreement with Avila Ranch, LLC to secure payment for City
administration fees, and consultant contract costs, estimated to be a total of $163,390.36.
DISCUSSION
Background
Mangano Homes (Avila Ranch) has completed the preliminary application process to explore a
General Plan amendment, rezone and development of property currently zoned Business Park
(BP) located just within the City limits at 173 Buckley Road and 175 Venture Road (APNs 053-
259 -005, 053- 259 -006 and 053- 259 -004). The conceptual project is a mix of residential and
commercial uses, including 438 single- family residences, 114 multi - family residences, 15-
20,000 square feet of neighborhood commercial and office, and 30 acres of parks, open space
and community gardens.
General Plan Consistency
The project requires a General Plan Amendment, Specific Plan Amendment, and related actions that
would allow for the development of the Avila Ranch area as identified in the City's General Plan as
Special Focus Area SP -4. The intent is for the project to be consistent with the development
parameters described in LUCE update, as adopted in December 2014. Guidance for the project is
found in Chapter 8, Section 8.1.6 of the Land Use Element.
The project would require an amendment to the Airport Area Specific Plan (which currently
includes the project site), in order to allow the creation of a new specific plan (the "Avila Ranch
Specific Plan ") consistent with direction included in the recent LUCE update.
Reimbursement Agreement
The proposed agreement will obligate Avila Ranch, LLC to reimburse the City for staff time and
consultant costs required for the development review of the project, including the 30%
administrative fee for managing consultants. The proposed Reimbursement Agreement covers
Avila Ranch Reimbursement Agreement #2 Page 2
consultant services for project management and development review process planning services
(Attachment 1, Avila Ranch Reimbursement Agreement).
Rincon Consultants, Inc has been selected as the consultant for the Project. Rincon was approved
as an on -call consultant for planning services in September 2013 (Attachment 6). Council
approved the request for Request for Proposals to provide planning on -call services, authorized
the City Manager to execute agreements and authorized the Finance Director to execute and
amend Purchase Orders for individual consultant services not -to- exceed the authorized carry
forward amount on 9/3/13. Additional funds for Development Services' carry forward have been
approved by Council and the City Manager on 2/18/14 and 6/17/14 and have a current balance of
$557,557. Rincon has submitted a scope of work estimating cost at $133,802.
The Reimbursement Agreement specifies that Avila Ranch, LLC will pay for planning services.
Avila Ranch, LLC will reimburse the City for 100% of the City's actual costs as set forth in the
Reimbursement Agreement. The City's direct and indirect costs, City administration fees, and
consultant contract costs, are estimated to be a total of $173,942. Avila Ranch currently has a
balance of $10,552 in their reimbursement account that will be applied to the proposed
Reimbursement Agreement, therefore, Avila Ranch will be required to deposit $163,390 prior to
the review of the project.
FISCAL IMPACT
The project will have no direct fiscal impact to the City. The Agreement requires Avila Ranch to
pay fees and includes a 30% Administration Fee that will provide $40,140 in additional revenue.
ALTERNATIVES
Rincon Consultants, Inc. has been selected to provide on -call planning services for the Avila Ranch
project. Pursuant to the terms of the Reimbursement Agreement, Avila Ranch, LLC has agreed to
reimburse the City for its costs and expenses related to the processing of the project, including the
costs and expenses of Rincon Consultants, Inc. and all other reasonable costs related to the
processing and review of the Project.
An alternative to the current Reimbursement Agreement payment structure would require the
termination of the Reimbursement Agreement and the subsequent processing of the proposed
project using existing City Planning Department Staff or another qualified planning consultant. City
Planning does not have the resources to devote to managing and processing this large, complex, and
controversial project.
ATTACHMENTS
1. Avila Ranch Reimbursement Agreement
2. Avila Ranch Reimbursement A eement — Aupust 2012
3. 9/3/13 CAR — Unbudgeted Development Review Revenue
4. 2/18/14 CAR — FY 13/14 Mid Year Budget Update
5. 6/17/14 CAR — FY 14/15 Supplemental Budget Update
6. Rincon Consultants Scope of Work
April 30, 2015
Job No. 14 -00152
Doug Davidson, Deputy Director - Development Review
Kim Murry, Deputy Director - Long -Range Planning
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401
Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, California 93401
eo5 547 0900
FAX 547 0901
infoQrinconconsultants cons
www.rincon cons ultanIts coin
SUBJECT: Avila Ranch Project Contract Planning Services Contract Amendment Request
#4
Dear Mr. Davidson and Ms. Murry:
The purpose of this letter is to request an amendment to the May 20, 2014 contract scope of
work (as amended) between Rincon Consultants, Inc. (Rincon) and the City of San Luis Obispo
for the Avila Ranch Project. The amendment responds to new direction received from the City,
which requested Rincon expand its services to take a more active and direct role in the
processing and management of the Avila Ranch project. To date, Rincon has completed the
authorized tasks in Phase 1, Pre - Application Review. Therefore, this amendment request
focuses on new and modified tasks in Phase 2, Development Review Process, of the scope of
work.
This is the fourth scope amendment request for the project. The first amendment reflected the
City's request that processing be delayed during our involvement in the LUCE update process.
The second amendment eliminated Planning Commission and City Council hearings during the
pre - application process and adjusted the schedule accordingly. The third revision reflected
changes to further streamline the pre - application process and incorporate bi- weekly meetings
throughout the formal review process.
As part of this fourth amended scope of work, primary project management services will be
provided by John F. Rickenbach, AICP, as a subconsultant to Rincon Consultants, Inc. John
Rickenbach is an environmental and planning consultant with over 25 years of broad - ranging
experience serving both the public and private sectors. His experience includes preparing and
overseeing a wide range of technical studies, particularly General Plans and Specific Plans,
CEQA and NEPA documents, transportation plans, and a variety of constraint studies. The
other members of the Rincon team, with the exception of previous project manager Gary Kaiser,
will remain in their current roles for this assignment. Richard Daulton, MURP, will continue to
serve as Principal -in- Charge, and Jasch Janowicz, will continue to provide quality assurance
and quality control services. Megan Lowery and Christy Sabdo will continue to provide
planning support.
E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s
r
AMENDED SCOPE OF WORK
Contract Planning Services Contract Amendment Request #4
Avila Ranch Project
Page 2
Task 2: Phase 2 Development Review Process Planning Services
Subtask 2.1: Coordination Meeting with City Staff and Project Team. Rincon's project
manager (John Rickenbach) and Principal -in- Charge (Richard Daulton) will attend a
coordination meeting with City staff and the project team. Rincon will receive and review all
City Plans, Ordinances, Forms (as applicable) and templates for reviewing, analyzing,
preparing, and processing the permit application products and documents. Rincon will receive
a copy of the Planning Department's file and all subsequent correspondence. Rincon will
organize all a -mails and electronic files.
Subtask 2.2: Prepare Schedule to Coordinate with Other Major Applications; Update
Throughout Process. Rincon s Project Manager (John Rickenbach) will prepare a project
schedule (Microsoft Project or other as approved by City Staff) to estimate processing timelines
and tentative hearing dates. Rincon shall coordinate directly with City Staff to answer any
questions related to application processing. This task will occur once the project application is
deemed complete.
Subtask 2.3: Evaluate and Review Application and Related Entitlements. This task
will include evaluation of all project application materials, a determination of completeness,
and preparation of a formal completeness letter. Rincon s Project Manager (John Rickenbach)
will work with the City to receive and review formal application materials and technical reports
(e.g., traffic, noise, air quality, soils and geology, archeological, biology) that have been
prepared in response to the pre - application review process. Rincon will review and confirm that
the appropriate application materials have been submitted. Rincon, before proceeding with
formal application review, will consult with City Staff to clearly define the steps required to
process the project entitlements.
Rincon s Project Manager (John Rickenbach) will review the project's application materials in
detail, and will confirm the project's consistency with any new policies adopted as part of the
Land Use and Circulation Element (LUCE). In collaboration with the City, Rincon will
determine within 30 days of the application submittal date whether the application can be
deemed complete in accordance with the State's Permit Streamlining requirements, or whether
additional information is needed. Rincon will provide a letter deeming the application complete
or describing the need for additional information and materials.
In addition, Rincon s Project Manager (John Rickenbach) will review the Draft Amendment to
the Airport Area Specific Plan (AASP). Rincon will coordinate with the City to resolve any
issues identified in the Draft AASP Amendment (including any inconsistencies with the LUCE,
other portions of the AASP, or other project design features). Rincon will prepare a formal
letter including all of comments on the Draft AASP Amendment for the project applicant.
Rincon will also review any revisions to the AASP Amendment. Once City comments are
. �v;rc nmanrad Sr.ie'n[+st� _ End; ecr:,
r
Contract Planning Services Contract Amendment Request #4
Avila Ranch Project
Page 3
addressed, Rincon will incorporate the Amendment into the AASP. This will include the
preparation of up to 4 graphics figures.
Subtask 2.4: ALUC Coordination. Rincon's Project Manager (John Rickenbach) will
attend up to 12 ALUC meetings, will evaluate project consistency with the LUCE, and assure
that all environmental and land use issues are adequately addressed in the Specific Plan and
Environmental Impact Report.
Subtask 2.5: EIR Coordination Process. Rincon's Project Manager (John Rickenbach)
and Principal -in- Charge will assist City staff with proposal review and EIR consultant selection.
Once the consultant is selected, Rincon will oversee the EIR consultant, including tracking of the
EIR schedule. In addition, if deemed necessary by the City, Rincon will prepare an Initial Study
which will contain preliminary impact analysis, mitigation measures and monitoring actions,
and LUCE consistency. Rincon will review the EIR project description, assist the City with the
development of project alternatives, and will review and provide comments on the
Administrative Draft EIR. Rincon will coordinate with City staff to release the Draft EIR,
including the preparation of draft notices. In addition, Rincon will coordinate with City staff
and the CEQA consultant to respond to public input on the Draft EIR, and will review and
coordinate the Final EIR.
Subtask 2.6: Post -Draft EIR Specific Plan Revisions (if any). Rincon's Project Manager
(John Rickenbach), supported by Rincon technical and graphics staff, will coordinate with the
City and the applicant team to revise the Specific Plan, as necessary, in response to the analysis
contained in the Draft EIR and /or comments received on the Draft EIR. Rincon will review the
revised Specific Plan intended for Planning Commission and City Council review.
Subtask 2.7: Set Public Hearing Dates for the Application. Rincon's Project Manager
(John Rickenbach) will work with the City to determine appropriate dates to schedule public
hearings. This decision will follow City cutoff dates for staff report submission, review,
corrections, and production. Public Hearings dates before the Planning Commission and the
City Council will be required due to the applicant's request for a General Plan and Specific Plan
amendment, re- zoning, annexation and other associated entitlements required to develop the
property.
Subtask 2.8: Staff Report Preparation and Review. Rincon's Project Manager (John
Rickenbach) will prepare draft staff reports for the Planning Commission and City Council,
including all attachments and exhibits as required by the City utilizing City templates to
produce a clear and concise overview of the proposed project, issues, potential resolution and
recommended action. This shall include analysis of how General Plan and Specific Plan policies
and Zoning Regulations relate to property development. The analysis will also discuss the
project's consistency with the Airport Land Use Plan (ALUP) safety zones how proposed
changes to the Airport Area Specific Plan may impact the property development concept. The
project's consistency with the LUCE document will be determined and an evaluation of timing
the parallel processes will be described. The staff report will contain project conditions of
approval, with EIR mitigation included, as well as the project discussion, findings and evidence.
Rincon will prepare the CEQA Findings (if not prepared by the EIR consultant).
Environmental Scientist; r!anners Engineers
r
Contract Planning Services Contract Amendment Request #4
Avila Ranch Project
Page 4
Rincon's Project Manager (John Rickenbach) will oversee and coordinate a report that analyzes
the fiscal impacts to the City from the proposed development project. This scope of work
anticipates that fiscal analysis will be provided by City staff. The appropriate findings and
analysis will be included in the draft resolution attached to the staff report and completed with
comprehensive, clear and concise evidence to support findings.
Rincon's Project Manager (John Rickenbach) will submit the draft staff report, findings and
evidence to the City and make such revisions as the City directs. Rincon will deliver one
electronic copy of the final draft staff report with all required attachments per City format and
requirements at least two weeks prior to any advisory body public hearing and four and a half
weeks prior to a City Council hearing.
Subtask 2.9: Presentation and Responses to Comments and Last Minute Issues.
Rincon s Project Manager (John Rickenbach) will prepare all appropriate presentation materials
for the hearing body as requested by City (PowerPoint, Prezi, or other medium as agreed upon
by City staff). The project will be presented at up to two hearings. Rincon will be available
during office hours one week prior to the public hearings to assist the City Project Planner in
resolving any remaining issues or respond to comments in written form from the public and
provide support to City as necessary.
Subtask 2.10: Public Hearing Follow -up. Rincon's Project Manager (John Rickenbach)
will be responsible for reviewing and revising any findings, evidence, or discussion that are a
result of the hearing process. Rincon will respond to direction from advisory bodies and
prepare an appropriate discussion of the topics in the staff report for City Council
consideration.
Subtask 2.11: Specific Plan Revisions. Rincon's Project Manager (John Rickenbach),
supported by Rincon technical and graphics staff, will coordinate with City staff and the
applicant to revise the Specific Plan as needed based on Council direction (if the project is
approved).
Subtask 2.12: Other Ongoing Meetings with City Staff/Project Team (as needed).
Rincon's Project Manager (John Rickenbach) will attend weekly meetings with City staff and the
project team for the duration of application processing, assumed to be 45 meetings.
Subtask 2.13: Additional Unanticipated Planning Tasks. As needed throughout the
planning process, Rincon s Project Manager (John Rickenbach) and other members of the
Rincon team will provide additional planning support for the project.
FEE ESTIMATE
As shown in the attached table, we estimate a fee of $133,802 to complete this revised scope of
work. Please note that this total excludes the fee of $45,523 requested by Rincon on December
12, 2014 (Request #3) and verbally authorized by City staff for additional Phase 1 and Phase 2
planning services. If the December 2014 request has been formally processed by the City, then
E n v t r o n m e n t a i S c i e n t i s t s P l s o :n e r s E n g i n e e r;
Contract Planning Services Contract Amendment Request #4
Avila Ranch Project
Page 5
the amount of the current request would be reduced to $88,279. The proposed scope of services
and associated costs are fully negotiable to meet the needs of the City of San Luis Obispo.
Additional work not described herein will be completed, on request, in accordance with the
attached fee schedule. This offer for professional services will remain in effect for a period of 30
days from the date of this proposal.
Thank you for your consideration of this request to provide additional contract planning
services for this project. Please call Richard Daulton or Jasch Janowicz directly if you have
any questions or need any additional information.
Sincerely,
RINCON CONSULTANTS, INC.
'h janowi Richard Daul MU P
Senior Program Manager Principal
E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s
Contract Planning Services Contract Amendment Request #4
Avila Ranch Project
Page 6
City of San Luis Obispo
Staff Planning Services - Avila Ranch (Revised April 2015)
Prnnnsed CnSt Fstimate MAnr -15
�J ✓ �G
y Q' l lJ. G C'
7:,
yd,
Environmental Scientists Planners Engineers
Rincon Labor
Principal -in-
Charge
Projecthlgrl
Sr Assoc.
Assoc.
Graphics
Clerical
Tasks
Cost
Labor
Hours
$leohour
$16ohour
5105/Mur
37..r
$65hoia
roo ?.-Phase r are afar Process P aart servleas
COMPLETED
resit 1,° Plrrse 1 igerr�r P Serxkes
21 Coordination Mealing with City Slag and Project Team
$1,360
B
4
4
22 Application Processing Schedule and Related Corresondence
$2,965
19
2
16
2 3 Evaluate and Review Application and Related Entitlements
$15,780
112
12
64
24
d
24 ALUC Coordination
$6,760
42
2
40
25 EIR Coordinalon /Review
$41,040
258
24
226
4
4
26 Post -Draft EIR Specific Plan Revisions (If Any)
$6,740
5o
6
24
12
4
4
2 7 Set Public Hearing Dates
$1,000
6
2
4
2 8 Staff Report Preparation and Review
$14,400
92
2
86
2
2
29 Present Project at Public Hearings
$2,315
16
1
12
2
1
210 Public Hearing Follow -Up
$1,460
9
1
8
2 11 Coordination With City and Applicant For Revised Specific Plan
$4,200
26
2
24
2.12 Weekly Meetings with City StafflProject Team (Assumed 45)
$18,000
110
20
90
2.13 Unanticipated Planning Tasks
$6,400
40
40
2.14 General Coordination and Administration
N $6.400
40
40
Subtotal Task 2
$128840
B28
78
678
36
20
16
Subtotal Rincon Labo
$128,840
828
78
678
36
20
16
Additional Costs
Supplies and Miscellaneous
$3,865
Records Search Fees
$450
General and Administrative
$647
Subtotal Additional Costs
$4,962
TOTAL LABOR PLUS ADDITIONAL COSTS
$133,802
TOTAL ADDITIONAL FEE AUTHORIZED BY CITY 1212014
$45,423
ADDITIONAL FEES REQUESTED 412015
$88,379
�J ✓ �G
y Q' l lJ. G C'
7:,
yd,
Environmental Scientists Planners Engineers