HomeMy WebLinkAbout25C - AMEND AGMT FOR AIRPORT LAND USEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 6, 2020
CLERK OF COUNCIL USE ONLY:
TITLE:
APPROVED
❑ As Recommended
APPROVE AN AMENDMENT TO THE
ElAmended
❑ OOrrdinance on 1 sl Reading
CONTRACT WITH BUCHALTER APC TO
❑ Ordinance on 2od Reading
PROVIDE CONSULTING SERVICES
❑ Implementing Resolution
RELATED TO THE AIRPORT LAND USE
❑ Set Public Hearing For_
COMMISSION IN THE AMOUNT OF
$50,000 FOR A TOTAL NOT TO EXCEED
$100,000
(GENERAL FUND)
/s/ Kristine Ridge
CITY MANAGER
IN=101IT, IIT, 1A►U7A11e«IIML1I
CONTINUED TO
FILE NUMBER
Authorize the City Manager to execute an amendment to the agreement with the law firm Buchalter
APC for consulting services related to the Airport Land Use Commission for an additional one (1)
year period ending June 30, 2022, for a total contract amount not to exceed $100,000, subject to
non -substantive changes approved by the City Manager and City Attorney.
DISCUSSION
In June 2020, the City Manager approved a $50,000 contract with Buchalter APC to provide
specialized legal services related to the overrule of the Airport Land Use Commission's (ALUC)
determination of inconsistency for the development project at 2300, 2310, and 2320 South Red Hill
Avenue (Warner Red Hill). To date, the City has received invoices from Buchalter totaling almost
$37,000.
The Planning Division is completing the comprehensive update to the General Plan, which includes
the potential adoption of five new focus areas. One of the focus areas, the 55/Dyer Corridor, is
proposing to include new residential development within a portion of the focus area. In the past,
the ALUC has found the two approved residential development projects (The Heritage and Warner
Red Hill) in this proposed focus area inconsistent with the Airport Environs Land Use Plan
(AELUP). Based on staff's recent discussions with ALUC staff and their Commission's past
actions, it is highly probable that the ALUC will make a determination that the new development
planned within the 55/Dyer Focus Area is inconsistent with the AELUP. As a result, staff needs
the expertise Buchalter APC possesses in preparing the findings required to overrule the ALUC.
Since the work necessary to respond to the ALUC's determination for Warner Red Hill and the
comprehensive update to the General Plan will exceed $50,000, staff is recommending that the
25C-1
Contract with Buchalter APC
October 6, 2020
Page 2
City Council authorize approval of an amendment (Exhibit 1) to the agreement with Buchalter APC
to increase the compensation by $50,000, with a total not to exceed $100,000, and extend the term
for an additional year. It is anticipated that 50 percent of the cost will be related to the Warner Red
Hill private development project that will be a pass thru to be paid by the developer. The remaining
50 percent will be associated with the General Plan update project and will be incurred by the City.
FISCAL IMPACT
Funds are budgeted and available in the following Planning and Building expenditure account for
FY 2020/21.
Fiscal Year
Accounting Unit
Fund
Description
Accounting Unit,
Account Description
Amount
FY2020-21
01116510-62300
General Fund
Contractual Services
$50,000
FY2021-22
01116510-62300
General Fund
Contractual Services
$50,000
Total
$100,000
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management
Services Agency
Submitted By: Minh Thai, Executive Director/Planning and Building Agency
Exhibit: 1. Amendment
25C-2
FIRST AMENDMENT TO LEGAL SERVICES
AGREEMENT WITH BUCHALTER, APC
THIS FIRST AMENDMENT TO AGREEMENT is entered into on this 6 h day of October 2020, by
and between Buchalter, APC ("Attorneys"), and the City of Santa Ana, a charter city and municipal
corporation duly organized and existing under the Constitution and laws of the State of California ("City").
RECITALS
A. The parties entered into Agreement #N-2020-121 dated June 1, 2020 ("Agreement") by which
Attorneys agreed to provide City with specialized legal services for aviation law and related advisory matters
until June 30, 2021. The Agreement is current and in effect
B. The parties have determined that additional specialized legal services to the City will require an
increase to the overall compensation and an extension of the term for the Agreement to provide said services.
Now, therefore, in consideration of the mutual and respective promises, and subject to the terms and
conditions of said Agreement, except as herein modified, the parties agree as follows:
THE PARTIES THEREFORE AGREE:
1. Section 2.d., COMPENSATION, is amended to increase the total sum to be expended under this
agreement to a not -to -exceed amount of $100,000, including any extension period.
2. Section 9, TERM, is amended to extend the termination date until June 30, 2022. The agreement
shall maintain the optional one (1) year extension period which may be exercised by the parties.
Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement
the date and year first above written.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: Lisa Storck
Assistant City Attorney
I: •1 11 Ut � •: ":•
Minh Thai, Executive Director
Planning & Building Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
BUCHALTER APC
Barbara Lichman
Shareholder
#63945vl 2 5 C _3