Title
Approval of Amendment #5 to Service Agreement AGR20-50, between Dekker, Parich, Sabatini, LTD and Incorporated County of Los Alamos, to Increase the Contract Compensation in the Amount of $71,000, plus Applicable Gross Receipts Tax for the Purpose of Completing Additional Work and Cleanup of Chapter 16, the Development Code
Recommended Action
I move that Council approve Amendment #5 to AGR20-50, between Dekker, Parich, Sabatini, LTD and Incorporated County of Los Alamos, to increase the contract compensation in the amount of $71,000, plus Applicable Gross Receipts Tax, for the purpose of completing additional work and cleanup of Chapter 16, the Development Code.
County Manager's Recommendation
The County Manager recommends that Council approve Amendment 5 to AGR20-50, between Dekker, Parich, Sabatini, LTD and Incorporated County of Los Alamos.
Body
The County Council approved a contract with Dekker, Perich, Sabatini, LTD in June of 2020 for the purposes of conducting a county-wide initiative to develop new Master Plans for downtown Los Alamos and the White Rock Town Center and to lead a comprehensive update of the County’s Development Code, Chapter 16. The service agreement AGR20-50 is shown in Attachment C.
The first phase of the contract involved the community engagement process and development of the two downtown Master Plans, both of which were adopted by County Council as amendments to the Comprehensive Plan in October of 2021.
The second phase of the contract involves the comprehensive update of Chapter 16 of the County Code, also known as the Development Code. This phase is still in progress and the current schedule is to ultimately bring the code update for Council adoption by November of this year.
The original scope of the project specifically identified thirteen (13) public meetings for both phases. After the initial kick-off process and input from various stakeholders and Councilors, it was evident that for this Code Update to be a success, outreach efforts needed to be expanded to engage more stakeholders and interest groups. For the same reasons, the Steering Committee needed to convene more meetings to help staff and the consultant work through a variety of complex issues not originally envisioned during the development of the original scope. In addition, 3 emerging topics are needing work: Outdoor Lighting Standards, Accessory Dwelling Units, and Wireless Telecommunications Facilities.
Amendment 1 (as part of Attachment C), approved in May of 2022, extended the term of the original agreement from June 2021 to May of 2023.
Amendment 2, which was approved by Council on July 26 2022, increased the overall contract compensation of the project by $135,800 (including GRT), was approved for the following reasons:
1. Eleven (11) additional public outreach meetings were conducted during the first phase of the project that were not included in the original contract scope. These additional meetings were added to the process in an effort to increase more stakeholder input. Four (4) meetings involved discussions with County Council and seven (7) involved discussions with various appointed Boards, a special youth session and participation at community events.
2. Twenty-four (24) additional public engagement and steering committee meetings were held as needed as part of the actual Development Code update (Phase 2).
3. Three additional anticipated joint County Council and Planning and Zoning Work sessions for review and finalization of the Chapter 16 Code Update Text Amendment.
4. Additional work associated with the analysis and Code writing for Outdoor Lighting Standards, Accessory Dwelling Units and Wireless Telecommunications Facilities.
These changes were addressed in the attached AGR20-50 Amendment 2 (Attachment D).
Amendment 3, which was approved by Council on January 25, 2023, increased the overall contract compensation of the project by $25,500 (including GRT), was approved for the following reasons:
1. On December 13, 2022, the Council directed CDD staff to do the following within 30 days of adoption of Chapter 16 Code Ordinance No. 02-333:
a. Evaluate building height south of Trinity Drive in Downtown Los Alamos and consider potential Los Alamos Canyon protection standards.
b. Evaluate parking regulations and reduction allowances.
These changes were addressed in the attached AGR20-50 Amendment 3 (Attachment E).
Amendment 4, which was approved by Council on June 1, 2023, extended the contract period through May 31, 2024, was approved for the following reasons:
1. On January 25, 2023, the Council directed CDD staff to increase scope of work for Chapter 16 Code Ordinance No. 02-333:
a. With the ongoing Services the County and Contractor wish to extend the term of the Agreement as allowed for in the original terms of the Agreement.
b. The term of this Agreement shall commence May 27, 2020, and shall continue through May 31, 2024, unless sooner terminated, as provided herein.
These changes were addressed in the attached AGR20-50 Amendment 4 (Attachment F).
This Amendment (Attachment A), which is proposing to increase the overall contract compensation of the project by $71,000 plus Applicable Gross Receipts Tax, is being submitted for consideration for the following reasons:
1. On May 2, 2023, the Council directed CDD staff to do the following regarding Chapter 16 Code Ordinance No. 02-333:
a. Evaluate and consider potential easements along Los Alamos Canyon edge south of Trinity Drive in Downtown Los Alamos.
2. On September 13, 2023, Planning and Zoning Commission directed CDD staff to do the following regarding Chapter 16 Code Ordinance No. 02-333:
a. Evaluate and consider potential Code clean-up items since it's adoption and implementation on January 23, 2023.
3. CDD staff will work with the consultants and prepare documentation to support Planning and Zoning Commission and Council's directives and propose a text amendment to Planning & Zoning Commission and the Council subsequently.
Attachment B provides a tentative remaining schedule in the event that County Council approves this amendment.
Alternatives
Council could choose not to provide budget for all or portions of the items outlined in this Amendment 5.
Fiscal and Staff Impact/Unplanned Item
There is funding available in the FY 23 Community Development Department (CDD) budget to pay for this amendment.
Attachments
A - Amendment 5 of AGR20-50 Dekker, Parich, Sabatini, LTD
B - Chapter 16 Development Code Update Schedule
C - AGR20-50 Services Agreement with Amendment 1
D - Amendment 2 of AGR20-50 Dekker, Parich, Sabatini, LTD
E - Amendment 3 of AGR20-50 Dekker, Parich, Sabatini, LTD
F - Amendment 4 of AGR20-50 Dekker, Parich, Sabatini, LTD