HomeMy WebLinkAboutCC AG PKT 2006-10-23 #L
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AGENDA REPORT
DATE: October 23, 2006
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: PROFESSIONAL SERVICES - COMPLETION OF
. LOCAL COASTAL PLAN
SUMMARY OF REQUEST:
Adopt Resolution No. . A Resolution of the City Council of the City of Seal Beach,
California, Authorizing the City Manager to Execute Proposal for Professional Services
Rendered in Connection with the City of Seal Beach Local Coastal Plan Preparation.
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BACKGROUND:
In 2002 and 2003 the City instituted a process to complete a comprehensive update to the
General Plan and prepared a draft "Local Coastal Plan" (LCP) for consideration by the
California Coastal Commission. The General Plan update was adopted by the City Council
in December 2003. City Staff and the Coastal Commission staff began a series of meetings
in late-2003 to discuss issues and concerns that had been raised by Coastal Commission
staff on the draft LCP document.
Due to workload constraints on Staff during the processing of the Boeing Integrated Defense
Systems Specific Plan including the Panattoni Development Company hotel/retail
components, the Seal Beach Center (Regency Centers) renovation, the Municipal Code
update in 2002-2004, and the various proposed improvements at Rossmoor Center between
2002 and now, the Local Coastal Plan was placed on hold. On June 26, 2006 the City
Council considered a Staff Report prepared at the request of Councilman Antos regarding
"Appropriate Development Standards - View Preservation Regulations." That report
recommended the following priorities and the City Council concurred:
Recommended Prioritv Activities for Planninl! Commission and
DeDartment of DeveloDment Services:
.
Staff recommends the following Priority list of Planning
Commission/Department of Development Services Activities:
Agenda Item L
Z:\My DocumcntsIGENPLA.'I\2006 LCP Complction.CC SllllfRcporLdoclLWll0-ll-06
Professional Services - Completion of Local Coastal Plan
City Council Slaff Report
October 23, 2006
1.
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2.
Complete Local Coastal Plan/Implementing Ordinances through
Adoption by California Coastal Commission and City Planning
Commission and City Council.
Complete Update of Zoning Ordinance through adoption by
Planning Commission and City Council - Update is envisioned to
be primarily an effort to update the format to become more user
friendly, and to incorporate the provisions of the Local Coastal
Plan/Implementing Ordinances as is necessary. Staff is suggesting
focusing on the "!Inministrative" portions of the Zoning Ordinance
initially, and then updating the substantive portions regarding
development regulations for the various zoning classifications of
the City and incorporating the provisions of the Local Coastal
. Plan/Implementing Ordinances as appropriate. As part of this
process the following areas of concern would be addressed in the
following order during the review of the substantive portions of the
development regulations:
o Third Story Developments in Old Town (RMD and RHO,
District I Zones). (This matter has been completed with by
the City Council adoption of Zone Text Amendment 06-1
on October 7, 2006)
o Mansionization Regulations;
o Historic Preservation ProgramslRegulations; and
o View Preservation Regulations.
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The request for "Professional Services - Completion of Local Coastal Plan" will begin the
process of the completing the Local Coastal Plan, in compliance with the above City
Council approved priority.
Staff is independently proceeding to prepare portions of the Zoning Code revisions and will
be discussing that process in greater detail with the Planning Commission and City Council
in early 2007.
FISCAL IMPACT:
No unanticipated costs. The Planning Department budget currently allocates $50,000 for
Contact Professional Services to complete the LCP and Zoning Ordinance Update. The
"Proposal for Professional Services Rendered in Connection with the City of Seal Beach
Local Coastal Plan Preparation" from Culbertson, Adams & Associates is for $48,500.
No budget amendment is necessary.
RECOMMENDATION:
Adopt Resolution No. , A Resolution of the City Council of the City of Seal Beach,
California, Authorizing the City Manager to Execute Proposal for Professional Services
Rendered in Connection with the City of Seal Beach Local Coastal Plan Preparation.
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2006 LCP Complction.CC SIalfRcport
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Professional Services - Completion of Local Coastal Plan
City Council Staff Report
October 23, 2006
OVED:
e Whittenberg
Director of Development Services
Attachments: (2)
Attachment 1:
Attachment 2:
2006 LCP Complclion.CC Staff Report
Resolution No. . A Resolution of the City Council of
the City of Seal Beach, California, Authorizing the City
Manager to Execute Proposal for Professional Services
Rendered in Connection with the City of Seal Beach Local
Coastal Plan Preparation
Proposal for Professional Services Rendered in Connection
with the City of Seal Beach Local Coastal Plan Preparation,
Culbertson, Adams & Associates, dated October 5, 2006
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Professional Services - Completion of Local Coastal Plan
City Council Sttf!! Report
October 23, 2006
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ATTACHMENT 1
RESOLUTION NO. . A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO
EXECUTE PROPOSAL FOR PROFESSIONAL
SERVICES RENDERED IN CONNECTION
WITH THE CITY OF SEAL BEACH LOCAL
COASTAL PLAN PREPARATION
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2006 LCP Complction.CC StafIRcport
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ProfessionDl Services - Completion of Local Coastal Plan
City Council Staff Report
October 23, 2006
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO
EXECUTE PROPOSAL FOR PROFESSIONAL
SERVICES RENDERED IN CONNECTION
WITH THE CITY OF SEAL BEACH LOCAL
. COASTAL PLAN PREPARATION
SECTION 1. The City Council is desirous of completing the Local Coastal Plan
and having the Local Coastal Plan adopted by the California Coastal Commission.
SECTION 2. The City has received a ''Proposal for Professional Services
Rendered in Connection with the City of Seal Beach Local Coastal Plan Preparation" from
Culbertson, Adams & Associates; the consultant firm that prepared the Draft Local
coastal plan for the City in 2003.
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SECTION 3. The City Council hereby directs the City Manager to execute on
behalf of the City Council the "Proposal for Professional Services Rendered i:i1 Connection
with the City of Seal Beach Local Coastal Plan Preparation" to initiate the proposal dated
October 5, 2006 ofCulbertsoll; Adams & Associates.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the day of .2006 by the
following vote:
AYES: Council members
NOES: Council members
ABSTAIN: Council members
ABSENT: Council members
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2006 LCP Complction.CC Staff Report
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Professional Services - Completion of Local Coastal Plan
City Council Staff Report
October 23, 2006
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MAYOR
ATTEST:
CITY CLERK
STATEOFCALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number on file in
the office of the City Clerk, passed, approved, and adopted by the City Council of the City
of Seal Beach, at a regular meeting thereof held on the day of
.2006.
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Linda Devine, City Clerk
City of Seal Beach
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Professional Services - Completion of Local Coastal Plan
City Council Staff Report
October 23, 2006
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ATTACHMENT 2
PROPOSAL FOR PROFESSIONAL
SERVICES RENDERED IN CONNECTION
WIm THE CITY OF SEAL BEACH LOCAL
. COASTAL PLAN PREPARATION,
CULBERTSON, ADAMS & ASSOCIATES,
DATED OCTOBER 5,2006
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2006 LCP CompletIon CC SlaffRcport
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October S, 2006
CULBERTSON,AoAMs &AsSOCIATES
PLANNING CONSULTANTS
25 Years of Distinction
CltyotSllll1lCll
.OCT - 62006
Development Svcs.
Mr. Lee Whittenberg, Director
DepartmentiHDevelopment Services
City of Seal Beach
211 Eight Street
Seal Beach, CA 90740-6379
SUBJECT: Proposal for Professional Planning Services Rendered in Connection with the City
of Seal Beach Local Coastal Plan Preparation
<
Dear Mr. Whiffenberg:
Culbertson, Adams &: Associates, Inc. (CM) appreciates the opportunity to submit this proposal
to provide services to the City of Seal Beach in connection with the completion of the City's
Local Coastal P1an/Land Use Pian (LCP/LUP) preparation and submittal to the California
Coastal Commi~~ion (Coastal Commi~~n), including :final certification. As you know. CAA is
especially qualified for this project based on our preparation of the City's updated General Plan,
and our work on a previous draft of the LUP in 2003. We look forward to working with the City
towards the completion of this important project
Descriotion of Work Effort And Cost Estimate
Work Effort
Kick-offmeetin with Ci and Coastal Commission staff 2 meetin
Review issues identified by Coastal Commission staff with 2003 Draft
LCP/LUP - update document to recognize recent changes within the City of
Seal Beach and recent Coastal Commission actions which may influenCe
revisions to the Draft
Review/compare 2003 Draft LCP/LUP with recently certified LCP/LUPs -
date Ci of Seal Beach LCP/LUP as 'ate
. aration ofu ted LCP/LUP document and submittal to . for review
Revise draft LCP/ LUP based on Ci Comments
Submittal of updated draft LCP/LUP to Coastal Commission and meeting with
staff
On- o. strate'c coordination with Coastal Commission staff
Attend City Council Hearin 2 meetin
Attend Coastal Commission Hearin 1 meetin
On- o. ro'ect ement for LCP/ LUP Certification
Reimbursable Expenses. including word processing, reproduction, and postage
and deli
Cost Estimate
$ 2,500.00
$ 3,500.00
$ 2,500.00
$12,000.00
$ 3;000.00
$ 2,500.00
$ 8,500.00
$ 3,800.00
$ 3,000.00
$ 2,000.00
$ 2,500.00
Total $45,800.00
85 Atgonaut, Suite 220, A1iso Viejo, California 92656-4105 . (949) 581-2888 . Fax (949) 581-3599
Mr. Lee Whittenberg
October 5, 2006
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Proiect Team
CAA personal assigned to this effort will include M. Andriette Culbertson, Chief Executive
Officer, Thomas B. Mathews, President and Shawna L. Sch..ffhp.r, Vice President. Some
individual task efforts will also be assigned to appropriate personnel within CAA, as deemed
necessary and cost-effective. Mr. Mathews will be the day-to-day strategic leader of the project,
and Shawna Sch..ffhP.1' will be the day-to-day production leader and identified Project Manager.
Attendance at hearings and meetings is at City discretion - all of the team members commit to
availability on dP.m..nd of the City.
Comnensation
At this time, we believe that a time and materials approach in accordance with the attached
Schedule of Fees and General Conditions are appropriate for an estimated fee of $45,800.00.
Invoices will be submitted monthly for prior month's services. Reimbursable expenses such as
mili:age. reproduction, word processing and delivery, if any, are in addition to the estimated fee
and will be billed at cost
Limitations
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This proposal is based on a reasonable schedule and the scope of work set forth herein. Changes
in the schedule or scope of work assumptions may result in costs beyond those currently
anticipated. Major changes include, but are not limited to:
1. Changes in the project by the Client, or other !lPproving body which cause revisions
of printed documentation or plans beyond those covered by the scope of work.
2. Changes in the schedule by the Client, State, or other approving body, accepted by
the Client, which cause revisions beyond the parameters set forth in this proposal.
3. Changes in the schedule by the Client, Califomia Coastal Commission, State or other
approving body, beyond. the parameters set forth in this proposal. .
4. Expansion of the project area under study by the Client, California Coastal
Comm;"..uon, State or other approving body.
5. Additional planning entitlements, permits, or processing requested by the Client.
6. Appeal of project determinations (e.g., project approval or denial) by the Client,
Califomia Coastal Commission, State, or other approving body, or other person,
group or Orgl'n;7iltion.
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If one or more of the above incidents occurs, CAA sball be entitled to request a contract
amenrlmp.nt. In the event a contract amendment cannot be mutually agreed upon or is denied,
eM shal1 be entitled to withdraw from the project and terminate the contract/agreement, and be
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Mr. Lee Whittenberg
October 5, 2006
Page 3
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paid by the Client for all amounts owed/pending up to the date of termination of the
contract/agreement for the work performed.
This proposal shall be considered valid for an immediate commence-work and is valid for a project
completion date up to June 30, 2007.
Conclusion
Local Coastal Plan Preparation is fairly straightforward. What makes a firm. different, what
stands out, is the' ability to anticipate any controversies, know the applicable laws, and possess
the relationships at the federal, state, and 10ca11evels to accomplish correct results.
Should you find this proposal acceptable, our authorization to proceed will be satisfied by
signing where indicated on the bottom of this page and returning the original of this letter to my
attention. Should you have any questions regarding this proposal or scope of work, please call
me at (949) 581-2888.
Sincerely,
B. Mathews
TBM:d
Attachments: Schedule of Fees
AUTHORIZATION TO PROCEED:
Signature:
Name:
Title:
Date:
Place of Execution:
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CULBERTSON, ADAMs &AsSOCIATES
PLANNING CONSULTANTS
25 Years o{ Distif~ction
General Provisions and
Schedule of Fees for Professional Services
Standard Billing Rates Effective January 1, 2006
Billillgma ate sulUcct to novisian olI'ccliw 11ll1lUU)' I of_yoar
Classification
Hourly Rates
Principal
Principal Planner I
Principal Planner IT
Senior Project Manager
Project Manager
Engineering Coordinator
Senior Planner
Associate Planner I
Associate Planner IT
Graphics Manager
Assistant Planner
$275.00
150.00
145.00
135.00
125.00
125.00
1l0.00
100.00
85.00
75.00
65.00
General Conditions
1. Reimbursable expenses (travel accommodations including rental vehicles and regularly
scheduled commercial airline flights, food and lodging, blueprinting and reproduction,
delivery/courier, supplies, extensive mailing postage, etc.) are billed at cost and are in addition
to the estimated fee for the project.
2. Automobile mileage outside Orange County will be billed at $0.485 per mile.
3. Hourly rates apply to work time as well as travel time and waiting time that occurs at public
hearings. Rates increase 50".10 for depositions or court testimony.
4.
Statements will be submitted !Ilonthly for work in progress or upon completion of work.
Statements are payable upon receipt. Any statement unpaid after thirty (30) days sha11 be
subject to the maximum monthly interest charge provided by law on amounts thirty (30) days
past due. If Client fails to pay Consultant within sixty (60) days after invoice is rendered,
client agrees Consultant sha11 have the right to consider such default in payment a material
breach of the entire agreement, and, upon written notice, the duties, obligations, and
responsibilities of Consultant under this agreement are terminated.
85 Argonaut, Suite 220, Aliso Viejo, California 92656-4105 . (949) 581-2888 . Pax (949) 581-3599
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GENERAL PROVISIONS AND
SCHEDULE OF FEES FOR PROFESSIONAL SERVICES
(Continued)
5. Client hereby agrees that the balance in a billing statement is correct and binding unless the
Client notifies the Consultant in writing within ten (10) days of the date ofbilling and informs
Consultant of alleged incorrect item; provided however, that the foregoing shall apply only to
the description of work performed as set forth in the billing statemeot and if after such ten
(10) day period Client discovers a mathematical error in the billing statement, Client shall not
be bound by the erroneous balance which Consu1tant hereby agrees to correct.
6. Consultant makes no warranty as to its findings, except that the work is performed using
generally accepted methods.
7. Consultant makes no warranty that the project will be approved by any governmental agency,
nor endorsed by any citizens group.
8.
Client agrees to limit the Consultant's liability to the Client and to all Contractors and
Subcontractors on the project due to Consu1tant's material, willful, and grosslynegligem acts,
errors, or omissions, to the sum ofS50,OOO or to the Consultant's fee, whichever is less.
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9. In the event either party commences legal action to enforce this Agreement of the General
Conditions, the prevailing party shall be entitled to recover its reasonable attorney's fees and
costs incurred in the action, in addition to all other relief to which the prevailing party is
entitled.
10. In the event ofa mid-phase contract suspension, billings will be prorated to reflect tasks in
progress, except where a task was completed early, in which case it will be billed !IS if the task:
were complete.
II. Client agrees and concurs that Consultant is obligated to only Client to perform and/or
receive direction or instructions on the project, and that Consultant is not obligated to
perform and/or take direction or instructions from Client's other Consultants or
Subconsultants without prior written notification and concurrence by Consultant.
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