CITY COUNCIL: Resolution Entering into Agreement with Denise Duffy & Associates for Services to Respond to Court's Ruling Concerning Flanders Mansion Project & Update the Environmental Impact Report for Flanders Mansion Property

City Council
Agenda Item Summary

Name: Consideration of a Resolution entering into an agreement with Denise Duffy and Associates for services to respond to the Court's ruling concerning the Flanders Mansion Project and to update the environmental impact report for the Flanders Mansion property in an amount not to exceed $20,500.

Description: The Monterey Superior Court recently ruled that certain sections of the CEQA document related to Flanders property be recirculated. The company proposes to revise the alternatives analysis to evaluate a reduced parcel alternative, prepare public notices, attend necessary public hearings, and to
prepare the final EIR that includes responses received on the recirculated sections of the EIR.

Overall Cost:
City Funds: $20,500
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution.

Important Considerations:

Decision Record: None.

Reviewed:

Jason Stilwell, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ENTERING INTO AN AGREEMENT WITH DENISE DUFFY AND ASSOCIATES TO RESPOND TO THE COURT’S RULING CONCERNING THE FLANDERS MANSION PROJECT AND UPDATE THE ENVIRONMENTAL IMPACT REPORT FOR THE FLANDERS MANSION PROPERTY IN AN IN AMOUNT NOT TO EXCEED $20,500

WHEREAS, the Monterey Superior Court has ruled that certain sections of the CEQA
document related to Flanders property be recirculated; and
WHEREAS, the company proposes to revise the alternatives analysis to evaluate a
reduced parcel alternative, prepare public notices, attend necessary public hearings, and to
prepare the final EIR that includes responses received on the recirculated sections of the EIR;
and
WHEREAS, the firm of Denise Duffy and Associates has extensive experience and
expertise and significant experience associated with the Flanders Mansion Project.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF CARMEL-BY-THE-SEA does hereby:
Authorize the City Administrator to execute an agreement with Denise Duffy and
Associates in an amount not to exceed $20,500.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-
THE-SEA this 6th day of March 2012 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
________________________
SUE McCLOUD, MAYOR
ATTEST:
__________________________________
Heidi Burch, City Clerk
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Denise Duffy & Associates, Inc.
PLANNING AND ENVIRONMENTAL CONSULTING
February 24, 2012
Mr. David Balch
Kennedy, Archer & Harray
24591 Silver Cloud Court, Suite 200
Monterey, CA 93940
RE: Flanders Mansion Contract Amendment
Dear David:
Based on our discussion, and the Court’s recent ruling concerning the Flanders Mansion Project, it has
been determined that certain sections of the CEQA document should be recirculated pursuant to CEQA
Guidelines §15088.5. In accordance with CEQA Guidelines §15088.5(c) the following contract
amendment assumes that only a portion of the EIR would be recirculated for public comment. Public
comment on the recirculated sections will be limited to only those sections circulated for public review
(CEQA §15088.5(f)(2)). Specifically, the additional work consists of revising the alternatives analysis to
evaluate a reduced parcel alternative, preparing public notices, attending necessary public hearings, and
preparing the Final EIR that includes responses received on the recirculated sections of the EIR. If this
amendment is acceptable to you, please provide us with written authorization (see attached). Please note
that all other terms of the original agreement will remain unchanged.
Sincerely,
Denise Duffy
DENISE DUFFY & ASSOCIATES, INC.
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Flanders Mansion EIR
Additional Environmental Services - Scope and Budget
For Recirculation of Flanders Mansion EIR
February 21, 2012
Background
DD&A was retained by the City of Carmel-by-the-Sea to prepare a Draft EIR evaluating the
environmental effects associated with the sale of the Flanders Mansion property. The Draft EIR
was prepared and distributed to interested responsible and trustee agencies, interested groups,
organizations, and individuals on April 1, 2005 for a 45-day public review period which ended on
May 16, 2005. Fifty-four comment letters were received by the City within the public review
period. After project consideration, the Council certified the EIR and approved the project. The
project, however, was successfully challenged by the Flanders Foundation. Pursuant to the
Amended Judgment of the Monterey County Superior Court in The Flanders Foundation v. City
of Carmel-by-the-Sea, et al. (Mont. Co. Super. Ct. Case No. M76728), the City of Carmel-by-the-
Sea rescinded its September 2005 certification of the August 2005 Final EIR (FEIR) for the
proposed Flanders Mansion project.
In response to the Court’s ruling, a Revised Draft EIR (RDEIR) was prepared a recirculated for
public comment. The RDEIR was recirculated in its entirety to provide the public with a
meaningful opportunity to comment on the additional data available as a result of modifications
to the document based upon the Court’s ruling. The City requested that reviewers submit new
comments on the RDEIR. The RDEIR was circulated for public review between January 5, 2009,
and February 18, 2009. 54 public comments were received during the review period. A Final EIR
(FEIR) was prepared to respond to comments received on the RDEIR. The FEIR contained a list
of the comments submitted on RDEIR, copies of the comment letters received on RDEIR,
responses to the points raised in those comments, and limited revisions to the RDEIR made as a
result of the public review process. The EIR was certified in 2009 and the item was put before the
voters as required pursuant to the Surplus Land Act.
The RDEIR and FEIR were successfully challenged on the grounds that the EIR did not
adequately respond to comments received during the public review period. Specifically, the
Courts determined that the EIR did not adequately respond to public comment regarding the
viability of a reduced parcel alternative. Based on the Court’s determination, it has been
determined that certain sections of the EIR should be recirculated for public comment. The
following scope of work consists of preparing a revised Alternatives Section to adequately
consider certain public comments related to a reduced parcel alternative. At this time a contract
amendment is requested for the additional work effort to prepare the Recirculated EIR and related
documentation, as detailed below. Please note that this scope of work assumes that only the
Alternatives Section will be revised and recirculated.
Scope of Work
The Recirculated Draft EIR will be prepared in accordance with CEQA, Public Resources Code
§§21000, et seq. (CEQA) and the State CEQA Guidelines, California Code of Regulations, title
14, §§15000, et seq. (CEQA Guidelines).
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This additional work was not anticipated in our original scope, and consists of the following
(individual tasks are identified separately below):
Recirculated Draft EIR
􀂃 Confirm scope and approach for RDEIR with City based upon CEQA requirements.
􀂃 Prepare New Introduction to the RDEIR. The Introduction will (i) set forth the CEQA
requirements for recirculation of an EIR; (ii) summarize the proposed project; (iii) outline the
environmental review and comment process for the RDEIR; and (iv) describe the content,
format, and summary of the RDEIR.
􀂃 Prepare an updated and modified Alternatives Section of the EIR to include a reduced parcel
alternative and other minor modifications to respond to comments received during the public
comment period on the 2009 RDEIR and comments raised by the Court. Consistent with
other alternatives, the following areas of impact identified in the RDEIR will be analyzed
under this alternative: Aesthetics, Air Quality, Land Use, Biological Resources, Public
Services, Cultural Resources, Traffic, Geotechnical Hazards, Utilities and Hydrology/Water
Quality.
􀂃 Prepare the Recirculated Draft EIR, consistent with the provisions of CEQA Guidelines §
15088.5(f)(2). This RDEIR will contain only the portions of the Recirculated Draft EIR that
have been revised and replaced. In summary, the RDEIR is proposed to be comprised of the
following new information:
􀂃 Introduction
􀂃 Revised and Replaced DEIR Sections: Alternatives.
􀂃 Revised Summary including DEIR Mitigation Measures (revising certain Draft EIR
mitigation measures).
􀂃 Revise the RDEIR sections based on comments received from the City and legal team. This
scope assumes one electronic submittal and one round of comments from the City.
􀂃 Prepare the required CEQA notices for the Recirculated Draft EIR. CEQA Guidelines §
15088.5 describes the procedures for recirculation of a portion of an EIR. The procedures
require simultaneous submittal of a public Notice of Availability of the RDEIR and a Notice
of Completion to the State Clearinghouse. The RDEIR will be subject to public review and
comment for a period of 45 days. Under CEQA, if the revision is limited to a few chapters or
portions of the Draft EIR, the lead agency need only recirculate the chapters or portions that
have been modified (CEQA Guidelines §15088.5 (c)). Recirculation of an EIR also requires
notice pursuant to CEQA Guidelines § 15087, and consultation pursuant to CEQA Guidelines
§ 15086.
􀂃 Compile and print the Recirculated EIR and submit to City. This scope assumes the
reproduction of 15 hard copies, 15 CDs, and one camera ready copy of the Recirculated EIR
to be distributed by the City. This scope assumes that the City will be responsible for
distributing the EIR.
􀂃 Respond to Comments received on the Recirculated EIR sections and incorporate into the
Final EIR. This scope assumes that the City will request that reviewers limit their comments
to the Recirculated Draft EIR only, consistent with the provisions of CEQA Guidelines §
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15088.5(f)(2). This scope assumes one electronic submittal and one round of comments from
the City on the Final EIR including the Response to Comments on the Recirculated EIR
sections.
Phase 1: Project Initiation & Environmental Document Preparation
Task 1. Project Initiation/Data Collection
As part of this task DD&A will initiate the environmental review process and data collection
phase by meeting with the City and legal counsel to confirm project understand and approach,
project schedule, deliverables, and expectations. In addition, DD&A will review all pertinent
background material, including the Court’s recent ruling concerning the project. DD&A has
conducted a preliminary review of the Court’s determination and will further review as part of
this task to determine if any additional changes/modifications to the CEQA document should be
incorporated at this time. This task also includes time to review updated economic analysis
prepared for the project and confirm appropriate approach for the economic analysis. This task
will include two (2) project meeting/conference calls with DD&A staff and City staff, as well as
one (1) site visit.
Task 2. Administrative Draft Recirculated EIR
DD&A will prepare a detailed Administrative Draft Recirculated EIR for the project as outlined
above. The administrative draft document will be provided to the City of Carmel-by-the-Sea and
legal counsel for review and comment. DD&A will coordinate directly with counsel to determine
the appropriate scope of analysis and issues evaluated in the CEQA document as outlined in Task
1. DD&A will provide one camera-ready, one bound copy and one Word Document file in digital
format of the Administrative Draft Recirculated EIR to the City for review and comment. This
task assumes one round of written comments and one meeting with City staff and counsel to
discuss comments.
Task 3. Public-Review Recirculated Draft EIR & Noticing
After the City’s review of the Administrative Draft Recirculated EIR, DD&A will revise the
Recirculated EIR document based on the City's comments. This proposal assumes that all City
comments will be provided in written or digital format and delivered in a single package to
DD&A. DD&A will submit one copy of the revised document to the City for a screen check of
the Draft Recirculated EIR. Upon City approval, DD&A will submit one (1) camera-ready, 15
cds and 15 copies of the Draft Recirculated EIR to the City for public distribution. DD&A will
also prepare all of the necessary public notices as required pursuant to CEQA. This task assumes
that the City will be responsible for the distribution of the Recirculated Draft EIR. In addition,
this task also assumes that the City will provide DD&A will an updated list of persons and/or
interested groups that should be provided notification of the availability of the Recirculated Draft
EIR. This task assumes that the City will be responsible for coordinating the publication of the
notice of availability in the newspaper.
Phase 1 Budget: The budget for this phase would be a not-to-exceed amount of $15,000.
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Phase 2: Final EIR/Response to Comments & Project Consideration
Task 4. Respond to Comments and Final EIR
Sub-task 4a: Review of RDEIR Comments
As part of this task DD&A will initially review all comments received during the course of the
RDEIR public-review period. DD&A will subsequently confer with City staff and legal counsel
to determine the extent of comments and appropriate responses. As part of this task DD&A, in
consultation with the City, will update and amend our scope of work if significant comments are
received on the RDEIR requiring additional staff time to prepare written responses. At this time,
DD&A anticipates that comments will be similar in nature given the limited scope of anticipated
revisions. Nevertheless, if additional time is necessary to respond to comments, those costs will
be billed on a time and material basis. This sub-task assumes one (1) conference call/meeting
with City staff to review the comments.
Sub-task 4b: Response to Comments
This task assumes approximately 20 hours of staff time to prepare written responses to comments
received on the RDEIR. This sub-task assumes that comments will be limited to the revised
sections of the RDEIR and will not raise any new significant environmental issues. This task
assumes that comments will be similar in nature and extensive written responses will not be
necessary. This task also assumes that any comments received related to litigation will be
addressed by legal counsel. DD&A will provide a copy of the written responses to the City to
review and comment. If, due to the nature of comments received on the RDEIR, additional time is
necessary to respond to comments, the additional time will be billed on a time and material basis.
Sub-task 4c: Final EIR
Upon conclusion of the public review period, DD&A will meet with the City to review the
comments and address appropriate level of responses to the comments received. Upon agreement
with the City, DD&A will revise the text of the EIR and prepare a response to comments (see
Sub-task 4c) received in the following format:
1. Revisions to the EIR text, as necessary.
2. List of individuals and agencies commenting on the 2012 RDEIR.
3. List of individuals and agencies commenting on the 2009 RDEIR
4. Written responses to comments received on the 2012 RDEIR
5. Written responses to comments received on the 2009 RDEIR.
6. Copies of letters received on the 2012 RDEIR.
7. Copies of letters received on the 2009 RDEIR.
This task assumes that changes and/or revisions to the 2012 RDEIR will be minor in nature. The
Recirculated Draft EIR and the Final EIR Response to Comments will constitute the Final EIR.
The Final EIR will include written responses on comments received on this Recirculated Draft
EIR, as well as responses previously prepared on the 2009 RDEIR. DD&A will submit three (3)
copies of the Administrative Draft Recirculated Final EIR, including the response to comments,
to the City for review and comment. Upon receipt of comments from City staff, DD&A will
revise the document. DD&A will submit one (1) camera-ready, 10 cds and 10 copies of the
revised Final Recirculated EIR to the City for public distribution. This task assumes that
comments received on the RDEIR will be limited to only the revised sections. Costs associated
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with the preparation of the FEIR can vary depending on the extent of public comment. Extensive
public comments were received on prior CEQA documents. This task, however, assumes
comments will be relatively minor in nature and focused on the scope of the revised sections. If
significant comments are received during the course of the public review process, those costs will
be billed on a time and material basis.
Task 5. Meeting Attendance
DD&A will attend up to one (1) City staff meeting and one (1) public hearing on the Recirculated
EIR. These meetings are in addition to those meetings previously identified in connection with
the tasks above. It is assumed that two DD&A staff personnel will attend these meetings. If
additional meetings are requested, they will be billed on a time and materials basis upon prior
authorization by the City.
Task 6. Findings (OPTIONAL)
DD&A, if requested and authorized by the City, will be available to review all project findings
and supporting resolutions as required pursuant to CEQA. DD&A will coordinate directly with
City staff and legal counsel during the preparation of draft findings to ensure they meet the
mandatory requirements of CEQA. If requested, DD&A will prepare a contract amendment to
provide these services.
Phase 2 Budget: This scope of work and associated budget for Phase 2 assumes that comments
received on the RDEIR will focus specifically on the revised sections. Because it is difficult to
predict the extent of comments, a range of costs is provided for this phase. The budget for this
phase would range between $3,500 and $5,500.
Schedule
DD&A anticipates that the Administrative Draft Recirculated EIR can be prepared within four (4)
weeks of project initiation. The following outlines the anticipated project schedule. Please note
that this schedule is provided for preliminary scheduling purposes. If, for instance, substantial
new written comments are provided on the Recirculated Draft EIR, additional time and effort
may be necessary to prepare the Final EIR and response to comments. Nevertheless, DD&A
believes this represents a reasonable project schedule given our discussions with City legal
counsel and our understanding of anticipated changes.
Schedule
Task No. Task Description Duration
Task 1. Project Initiation/Data Collection 2 weeks
Task 2. Administrative Draft Recirculated EIR 4 weeks1
Task 3. Public-Review Recirculated Draft EIR & Noticing 2 weeks2
Task 4. Respond to Comments and Final EIR 4 weeks3
Task 5. Meetings/Public Hearings On-going
Task 6. Findings (Optional) 2 weeks
Notes:
1) Assumes approximately 2 weeks for City to review and comment on Administrative Draft Recirculated EIR.
2) The public review draft will be circulated for 45-days as required pursuant to CEQA.
3) Assumes approximately 2 weeks for City to review and comment on the administrative draft Final EIR.
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AUTHORIZATION TO PROCEED
Note: If the scope, fee, terms of payment and conditions described in the Denise Duffy &
Associates, Inc. attached memorandum of proposal are acceptable, please sign and
return a copy of this authorization form for our files. Thank you.
Project Name: Flanders Mansion EIR
Accepted by (signature):_______________________ Dated: ______________
Print Name:___________________________________________________________
Title:____________________________________________________________
On Behalf of:____________________________________________________
Mailing Address:_______________________________________________________
Fee/Scope Confirmation: __________________________________________
Existing Contract Authorization Date, if applicable:
If invoice should be sent to a different person or location, please complete below:
Mailing Address:_______________________________________________________
Attention:________________________________________________________
Return to: Denise Duffy & Associates, Inc.
947 Cass Street, Suite 5
Monterey, CA 93940