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HomeMy WebLinkAboutSupplemental - Questions from Robert GoldbergGloria Harper From: Robert Goldberg <rgoldberg @live.com> Sent: Sunday, March 10, 2019 6:27 PM To: Sandra Massa - Lavitt; Joe Kalmick; Thomas Moore; Schelly Sustarsic; Mike Varipapa Cc: Gloria Harper; Jill Ingram; Crystal Landavazo; Community Media Corporation Subject: Questions and Comments for Monday's Meeting Attachments: LCP.SOW 9.12.16.pdf; 3.11.19.Questions.doc Dear Council and Staff, Please see my attached comments and questions regarding Item E, the amended Local Coastal Plan contract with Baker International. My comments reference the "Work Program" from now expired 2016 contract. Therefore, I have attached this as well. As always, your consideration is greatly appreciated, and thank you for your service, Robert Goldberg EXHIBIT A WORK PROGRAM AND SCHEDULE (REVISED 8- 30 -16) The following Work Program has been revised in response to the Coastal Commission's Award Conditions. A. TASKS 1. Task 1 — Project Kick -Off and Define Scope — The City's project team is expected to meet with the consultant to refine the scope of work and confirm the project timeline. The consultant will be provided with a clear approach to development and intended goals for the development of the Local Coastal Plan. City staff will coordinate with the consultant to identify the parameters of any new analysis and objectives for development and resource conservation. The consultant will be expected to review and organize all existing technical studies, prior LCP drafts, pending projects, and all relevant planning and policy documents that will be provided by the City. i. Sub -Task 1.1 — Kick -Off Meeting & Consultant Field Visit/Tour ii. Sub -Task 1.2 —Technical Analysis and Outreach Plan iii. Sub -Task 1.3 — Collect & Review City Data iv. Deliverables: Final Scope of Work 2. Task 2 — Early Consultation with Coastal Commission Staff —Soon after the initial kick -off meeting, the consultant will set up one or two meetings with Coastal Commission staff to discuss the scope and effort of the Seal Beach Local Coastal Plan. The meeting will focus on identifying primary coastal resources, specific planning issues, document format, and other issues essential to begin development of the Seal Beach Local Coastal Plan. The goal of these meetings will be to address past comments and concerns from prior draft LCPs and reach an agreement between City staff and Coastal Commission staff on the current scope, goals, and expectations of the LCP. Additional meetings with Coastal Staff will be an optional task that the City will budget for, outside of the grant funds, to ensure that communication is maintained and all concerns can be addressed throughout the LCP development process. i. Task 2.1 — Prepare an agenda identifying past comments and current goals ii. Task 2.2 — Meetings with Coastal Commission Staff iii. Deliverables: Meeting Summary and Recommendations 3. Task 3 — Community Outreach Program — The City intends to involve the public throughout the Local Coastal Plan development process to ensure that the community is supportive of the final document. City staff will meet with the consultant to discuss past outreach efforts, key stakeholders, and goals for the project. The meeting is intended to identify the depth of strategy and outreach Page 17 of 22 options that will be implemented throughout the project schedule. Several community participation strategies are anticipated throughout the project, these will likely include a mix of stakeholder interviews, community workshops, media outreach, emails, and a project webpage on the City's website. i. Task 3.1 — Develop Outreach Plan ii. Task 3.2 — Stakeholder Interviews iii. Task 3.3 — Community Workshops and emails iv. Task 3.4 — Planning Commission Study Sessions (2) v. Task 3.5 — City Council Study Sessions (2) vi. Deliverables: Project' Website, Email Contact List, Public Comment Summary 4. Task 4 — Sea Level Rise Assessment — The consultant will be tasked with using the best available science on sea level rise, such as the State of California Adaptation Planning Guide, California Energy Commission Cal -Adapt Web Portal, and Pacific Institute Sea Level Rise GIS layers, along with the Commission's Sea Level Rise Guidance document to complete an analysis of potential seal -level rise risk in the coastal zone. The following work approach is based on the guidelines provided in Chapter 5 of the California Coastal Commission Sea Level Rise Policy Guidance, adopted August 12, 2015. The basic steps of the sea level rise assessment are summarized below and include 1) identify and map sea level rise hazards, 2) assess the vulnerability of development and resources in the coastal zone, and 3) develop adaptation policies and programs to minimize the adverse impacts associated with sea level rise. Sea Level Rise Hazard Analysis, The City has a history of coastal flooding when large storm waves coincide with high water levels, and sea level rise is expected to increase the frequency and severity of these types of events. Coastal hazards during storm conditions and non -storm conditions will be evaluated for three sea level rise scenarios of 50 cm (1.6 feet), 100 cm (3.3 feet) and 150 cm (4.9 feet). These three scenarios cover most of the sea level rise projections out to 2100 and provide a basis for understanding how hazards and vulnerabilities change with each increment of sea level rise. The results of the coastal hazards analysis will be compiled and mapped within the ArcGIS platform for each scenario. The following sea level rise related coastal hazards will be evaluated in the LCP. • Coastal storm related flooding will be evaluated using results from the Coastal Storm Modeling System (CoSMoS) 3.0 published by USGS. Page 18 of 22 • Verify potential connections to the adjacent water bodies of Anaheim Bay and the San Gabriel River to ascertain whether CoSMoS predictions are correct for certain areas. • Nearshore wave transformation profiles will be developed to evaluate the Seal Beach Municipal Pier's exposure to sea level rise. • Non -storm related flooding will be evaluated by comparing high water levels, such as a "king tide" event with existing topography in the City. • Beach width changes due to sea level rise will be evaluated using an empirical method such as the modified Bruun rule. • The effectiveness of sediment management activities such as winter dike building, sand backpassing, and beach nourishment will be evaluated using empirical methods for wave runup and overtopping. Vulnerability Assessment. The coastal hazard maps prepared for each sea level rise scenario will be compared with the City's resource database to evaluate potential sea level rise impacts on infrastructure, development and coastal resources in the LCP planning area. The resource database will be compiled using available information from the City's inventory of parcels, critical infrastructure, assets and coastal resources. The vulnerability assessment approach will be consistent with the Coastal Commission's Sea Level Rise Policy Guidance. The vulnerability of an asset or resource will depend on factors such as exposure to sea level rise hazards, sensitivity to hazards and adaptive capacity. Results of the vulnerability assessment will inform preparation of the LCP by identifying "impact thresholds" at which significant planning areas, assets or coastal resources could be impacted by sea level rise. The consequence of the identified impacts will also inform the policies and programs of the LCP to minimize risk to important infrastructure, basic services and valuable resources. The vulnerabilities and the consequences identified in this assessment will help prioritize planning efforts to account for the urgency (time horizon) of each impact, and the importance of each impact on the community and resources. Adaptation Measures. Once the vulnerabilities and consequences have been identified and prioritized, a list of adaptation strategies will be developed to minimize impacts on assets and resources from sea level rise related hazards. Adaptation strategies will include planning level measures, policy level measures and also specific project measures in an effort to improve resilience to sea level rise hazards. Both near -term and long -term strategies will be developed to build adaptive capacity into the City's important assets and resources. Planning level efforts may include sea level rise hazard overlay maps, public outreach and education. Policy level measures may include land use or zoning regulations aimed at minimizing risk to existing and future development. Project level measures will consider strategies such as accommodation, protection and retreat and evaluate the effectiveness of Page 19 of 22 ., sediment management measures such as beach nourishment, sand backpassing and winter dike building. The adaptation measures will provide a starting point for drafting policies and programs of the LCP. i. Task 4.1 — Sea Level Rise Hazard Analysis ii. Task 4.2 — Vulnerability Assessment iii. Task 4.3 —Adaptation Measures iv. Deliverables: Sea Level Rise Hazard Analysis, Vulnerability Assessment, and Draft Adaptation Measures 5. Task 5 — Prepare Seal Beach LCP Drafts and Maps — The consultant will be tasked with reviewing and organizing all relevant data collected from the initial kick -off meeting with staff, early consultation with Coastal Commission Staff, the sea -level rise assessment, public outreach and consultation with City staff. The consultant must complete a complete update of the City's prior draft LCP in order to focus on the City's goals of focusing on redevelopment opportunities, providing adequate public services, providing better connections between the beach areas and the downtown, accommodating coastal access, and enhancing bicycle and pedestrian circulation. The draft LCP will initially require the development of a policy framework that involves a programmatic inventory of biological and wetland resources using graphics, tables, and matrices. The policy framework will be provided to Coastal Commission staff for review and approval before moving forward with the draft LCP. Additionally, the consultant will prepare GIS base maps of the Coastal area to show land uses and resources within the coastal zone. The LCP document will reflect and incorporate recommendations from current Coastal Commission guidance documents. The consultant team will research and incorporate best practice approaches to key LCP issues and policy, including lower cost visitor serving accommodations, visitor serving and coastal dependent land uses, public access, beach use and special events, and other subjects as locally appropriate. A Coastal Implementation Plan will be prepared as part of the draft LCP for review and incorporation into the Final LCP. Comments from a prior draft LCP indicated all development regulations from existing Specific Plans within the coastal zone must be specifically incorporated into the implementation plan, not by reference. The consultant will ensure that these regulations are incorporated so the LCP can be certified as a stand -alone document. Additionally, the Implementation Plan will establish a Coastal Development Permit Ordinance that identifies policies and procedures for processing coastal development permits at the local level following certification of the LCP. i. Task 5.1 — Review and Organize all data and summary reports ii. Task 5.2 — Meet with City staff to discuss approach and framework iii. Task 5.3 —Submit framework to Coastal Commission for review Page 20 of 22 iv. Task 5.4 — Prepare GIS Base maps v. Task 5.5 — Incorporate Specific Plans into draft LCP vi. Task 5.6 — Develop Coastal Implementation Plan vii. Deliverables: Policy Framework, GIS Base maps, Draft Coastal Implementation Plan, Draft LCP 6. Task 6 — Prepare Final LCP — The consultant is expected to prepare a Final Local Coastal Plan that is reflective of any changes that resulted from the public hearing and local adoption process. The Final LCP document will be submitted to the Coastal Commission for processing and certification. i. Task 6.1 — Provide summary of public comment and required changes ii. Task 6.2 — Incorporate changes and prepare Final LCP iii. Deliverables: Public Comment Summary, Final LCP 7. Task 7 — Submit LCP to Coastal Commission — The consultant will be tasked with preparing the Final LCP for submittal to the Coastal Commission for review and certification. The consultant will prepare an application to be accompanied by a summary of measures taken to consult and coordinate with contiguous agencies, listing of participants appearing at meetings hearings, copies or summaries of significant copies received, all final documents and maps, a methodology demonstrating Coastal Act conformity, all environmental review documents, and a general indication of zoning measures and implementation. The City is prepared to meet with Coastal Commission staff at any time during the preparation and review of the LCP. i. Task 7.1 — Prepare Coastal Commission Application ii. Task 7.2 — Prepare and compile all requirements of Coastal Act Section 13519 iii. Deliverables: Coastal Commission LCP Application Package 8. Task 8 — Coastal Commission Hearings — The consultant is expected to assist the City throughout the review and certification process. The consultant will attend Coastal Commission hearings with staff in order to facilitate any questions raised by the Commission. Additionally, the consultant is expected to attend internal staff meetings and local public hearings before the Planning Commission and City Council. i. Task 8.1 —Attend local hearings ii. Task 8.2 —Attend Coastal Commission hearings iii. Task 8.3 — Modify LCP text as needed iv. Deliverables: Materials to support staff during hearings, Certified LCP Page 21 of 22 Seal Beach Local Coastal Program Michael Baker International Consultant Team Consultant Team Budget Summary The following budget generally corresponds to the City's Application Budget Information table to demonstrate cost allocation through project completion. The tasks reflect tasks in the updated Work Program. Page 22 of 22 Consultant Consultant Consultant Task Cost Cost Cost Number Task Allocation — Allocation — Allocation — Total Michael Baker Moffatt 8 Nichol 1 Project Kick Off and $ 8,000 $ 7,000 $1,000 Coordination 2 Coordination with $ 5,000 $ 4,000 $1,000 CCC 3 Community Outreach $ 48.000 $ 40,000 $ 8,000 Program Sea Level Rise and 4 Vulnerability $ 80,000 $ 10,000 $70,000 Assessment 5 LCP Draft and Mapping $ 70,000 $ 70,000 6 Prepare Final LCP $ 15,000 $ 15,000 7 Submit LCP Application $ 10,000 $ 10,000 Package to CCC $ $ 18,000 $ 18,000 Hearings /Meetings OTHER DIRECT COSTS $ 6,000 $ 6,000 TOTAL $260,000 $180,000 $80,000 Page 22 of 22 Draft Questions & Comments for 2/25/19 from Robert Goldberg Item E: LCP Contract Renewal The staff report makes a short statement that the amended and restated agreement "incorporate(s) the provisions from the 2016 agreement." However, a comparison of the proposed amended agreement with the one from 2016 indicates that the amended "Work Program" (Exhibit A) has been significantly truncated. Specifically, the new agreement does not include the drafting of complete LCP, but rather only one of its two major components, a Land Use Plan (LUP). "Task 5" no longer includes the drafting of the second component, a Coastal Implementation Plan. A Coastal Implementation Plan provides the actual coastal zoning ordinances for issuing permits for building developments, shoreline restoration, and storm water projects. The proposed amended agreement also does not include the 2016 provisions for preparing a final LCP (Task 6), preparing and submitting an application to Coastal (Task 7), and attending Coastal hearings (Task 8). The staff report also states that the proposed amended agreement will be extended for an additional year term "with no additional project cost." This statement appears to be based on the reduction in the 2016 contract amount from $280,000 to $235,000. However, it is important to note that this cost reduction only reflects a reduction in the number of Tasks, not the cost per Task. In fact, the total cost for completing the shortened list of Tasks in the amended agreement has increased by about $15,000 (see table below). Furthermore, this increased cost is occurring despite a more narrowed scope for Task #3- Community Outreach and Task #5 (Creating Draft LCP). Task 2016 2019 # Task Cost Cost Comments 1 Project Kick -Off $8,000 $8,295 Cost increased by $295 and Coordination 2 Early Coordination $5,000 $5,000 with CCC No cost increase, but amended Work 3 Community $48,000 $48,000 Program does not include two meetings Outreach Program with the Planning Commission and two with the City Council. Seal Level Rise and 4 Vulnerability $80,000 $92,000 Cost increased by $12,000 Assessment Cost increased by $8,000, and amended 5 LCP Draft and $70,000 $78,000 Work Program now does not include a draft Mapping Coastal Implementation Plan. Deliverable is now a draft "LUP" rather than a draft "LCP." OTHER DIRECT COSTS $ 5,000 Amended Work Plan does not include this as a line item. TOTAL $216,000 $231,295 My tally of published warrants for services provided through December 2018 indicates that almost $49,000 has been paid to date: February-April 2017 $ 9,243 June 2017 $ 1,595 July 2017 $ 842 September 2017 $ 6,897 October 2017 $ 12,978 December 2017 $ 703 January 2018 $ 213 February 2018 $ 376 September 2018 $ 6,896 November 2018 $ 5,418 December 2018 $ 3,465 Total Paid to Date $ 48,627 What specific Sub -Task numbers (i. e.,1.1,1.2, etc.) have already been completed in the proposed amended Work Program? Regarding the $200,000 grant from Coastal, the Council was told at the 11/13/18 Council meeting that Coastal has agreed to extend the grant term beyond the original October 2019 expiration date. What is the revised grant term expiration date? At that Council meeting, staff also indicated the tentative Coastal approval date was July 2020. Is this still staff's best estimate?