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1986-1126_MALKOFF/ASSOCIATES_Contract0 0 MALKOFF AND ASSOCIATES 17702 MITCHELL NORTH • IRVINE, CALIFORNIA 92714 • (714)474-1602/645-7976 November 14, 1986 Mr. Thomas G. Tomlinson City Planner City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: City of San Juan Capistrano; Local Coastal Program Dear Mr. Tomlinson: On behalf of MALKOFF AND ASSOCIATES, let me start by saying that it was a pleasure meeting with you, Susan Tebo and Patricia David earlier this week in regard to your city's need for assistance with coastal processing. The annexation proceedings pertaining to the "Price Club site" that are now under way will, for the first time, add lands within the California coastal zone to those already within city limits. The subject site was previously within a portion of the County of Orange for which the County had successfully achieved a certified local coastal program ("I -CP"). Annexing that property now means that the City must comply with the Coastal Zone Act of 1976 and amendments thereto; accordingly, an LCP by the City must be certified prior to your gaining principal permitting authority over such land. The extent to which you may rely upon, and possibly transfer, existing Coastal Commission actions pertaining to the subject property are part of what we propose to determine. In addition, we will then develop a strategy and, to the extent desired, guide and assist the City in implementing the steps necessary to gain permitting authority and appropriate zoning for the Price Club site. In general, the Coastal Commission will hear a permit action 45-60 days after a submitted application is deemed complete. Even administrative items usually go before the Commission, though typically on a Consent Calendar basis. In the case of LCP's, there is normally a second hearing following one in which the Commission takes an action (i.e., votes), at which time "Findings" are presented for Commission approval. Since the Coastal Commission meets in different parts of the state only once a month, from time to time action on a permit application is delayed for a month or so in order that a given item can be heard in the local area. E Mr. Thomas G. Tomlinson City of San Juan Capistrano Local Coastal Program: Price Club Site November 14, 1986 Page 2 0 MALKOFF AND ASSOCIATES As we discussed, there are two basic alternatives which may occur. The first alternative would suggest that if sufficient similarity exists between the land uses previously approved within the County's Capistrano Beach Specific Plan/LCP (August, 1986) and those proposed by the City for the Price Club site, then the Coastal Commission may have a simplified administrative procedure for the transference of land use approvals permitting authority from the County to the City. This is clearly the most desirable situation and the one which we will attempt to have prevail. A second alternative may involve the requirement by the Coastal Commission for the City to prepare and process its own LCP for its newly acquired lands. This would, of course, include both a Land Use Plan and an Implementing Actions Program. However, given the narrow focus and past Commission action, that may not be too difficult a procedure. In fact, with the materials and information already available, it may not even be much more time consuming than in the case of the first alternative if that required any public hearing before the Coastal Commission. There are, of course, a variety of other alternatives that would tend to fall somewhere between the two above. Accordingly, in Phase One, we propose to provide professional consulting services on a time—and—expense basis to ascertain what will be required by the Commission for the City's compliance with the Coastal Act and to secure appropriate zoning on the subject property. In addition, we will set up meetings with Coastal and City staff (and others as appropriate) to discuss alternatives, negotiate the requirements, and will set forth an outline of all needed materials and a step—wise procedure for the City to complete the requisite actions. Phase Two would, at the City's discretion, involve our assistance in the preparation of documents and processing of the required coastal materials. We would also be available for any negotiation meetings with agencies, and/or public meetings as requested. It is difficult to further identify needed efforts until we have been able to complete the initial phase and recommend a course of action to the City. As discussed in our meeting, MALKOFF AND ASSOCIATES has had extensive experience in working on coastal projects. We work only on a time—and— expense basis in order to be as fair as possible with our clients and efficient at the same time. We believe the the Phase One effort may require $1500—$2500 to complete. It is simply not possible at this time to estimate the needed work effort for Phase Two absent any discussion with Coastal Commission staff. However, an estimate will be provided as quickly as possible once into Phase One. 0 Mr. Thomas G. Tomlinson City of San Juan Capistrano Local Coastal Program: Price Club Site November 14, 1986 Page 3 0 MALKOFF AND ASSOCIATES Once again, let me thank you for having this opportunity to introduce our firm to you and others of the City staff. The coastal processing efforts attendant with the current annexation are consistent with the prime activity of our firm. For your convenience, I have enclosed a brief description of our firm and the current Fee Schedule. If you concur with the approach and budget outlined above, and wish MALKOFF AND ASSOCIATES to assist the City in this effort, you may sign this proposal in the space provided below. Upon receipt of a signed copy of this letter, we will begin work immediately. With close coordination with the City, we anticipate completing Phase One within approximately three weeks (depending upon Coastal staff schedules) from commencement of work. If you have any questions regarding the foregoing, or if we can assist you in other matters, please do not hesitate to call on us. Respectfully submitted, �MALLKOF/F AND ASSOCIATES Mel Malkoff, President Enclosures cc: Susan Tebo (w/ enclosures) Patricia David (w/ enclosures) REVIEWED AND AUTHORIZED: CITY OF SAN JUAN CAPISTRANO — Date Signed by MALKOFF AND ASSOCIATES SCHEDULE OF FEES Effective July 1, 1986 MALKOFF AND ASSOCIATES provides clients with consulting services in environmental planning, project management, and permitting and regulatory processing. Compensation is based upon the following Schedule of Fees and billing procedures, unless otherwise agreed upon in writing. DIRECT LABOR COSTS: Principal.....................................$85.00 Associate..... $55.00 Graphic Support/Word Processing...............$30.00 Secretarial...................................$25.00 REIMBURSABLE EXPENSES: 1. Out—of—pocket expenses (including but not limited to travel, telephone, courier services, and supplies).... at cost. 2. Blueprint, reproduction and photographic materials.... at cost. 3. Passenger cars: $0.25 per mile. BILLING PROCEDURES: Invoices are issued monthly and are payable upon receipt, unless otherwise agreed upon in writing. Interest of 1.5 percent per month (but not exceeding the maximum rate allowable by law) is payable on any amounts not paid within thirty (30) days, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the client. NOTE: MALKOFF AND ASSOCIATES is a dba of THE MILIEU GROUP, INC. MALKOFF AND ASSOCIATES A B 0 U T M A L K 0 F F A N D A S S O C I A T E S MALKOFF AND ASSOCIATES was formed in 1971 to provide professional consulting services to public and private sector clients in the areas of environmental conflict, water and air pollution issues, and technical writing and translation of concepts. Since that time, the firm has become known for its expertise in environmental planning and permit processing. The scope of activities has broadened to include project management and coordination of consultant teams, and emphasis on the public relations aspects of development and technical projects --particularly with community/citizens' groups and regulatory agencies. Emphasis is placed on a variety of development projects, both public and private sector, within the coastal zone. These include residential, commercial, and industrial projects as well as several mixed—use projects. Consulting services rendered have ranged from feasibility and political/environmental sensitivity analyses, to project coordination, environmental mitigation strategies, and representation before public interest groups and agencies. Environmental problem—solving and (regulatory) violation work related to water and air pollution are also expertise offered by the firm, particularly with respect to water/wastewater and industrial projects. Water quality, and water supply/treatment projects throughout southern California and in the Pacific Trust Territories, in addition to Clean Air and Clean Water Acts violation work with heavy industry are a few examples of such work. Finally, port—related studies, business management consulting and photographic and audio/visual support are among incidental services provided. The approach taken by MALKOFF AND ASSOCIATES is one of a facilitated process. The firm investigates the issues and range of alternatives available, works with all parties to understand and evaluate individual positions, and then establishes a process whereby as many interests and concerns can be reconciled, both in the shortest amount of time, and within prescribed feasibility constraints. The projects undertaken by the firm are accomplished either on an individual basis, usually a one—to—one approach between the client and this firm, or as a team approach involving one or more firms and/or individuals associated with MALKOFF AND ASSOCIATES. This allows the greatest flexibility in tailoring the consulting services to the needs of the client. The firm stands ready to work with its clients in whatever way best serves the client's goals. MEMORANDUM TO: Brian Fisk, Community Development Assistant FROM: Dawn Schanderl, Records Coordinator DATE: November 30, 1987 SUBJECT: CRA CONTRACT UPDATE Brian,1p ease check the following contracts and inform me of their status. Date of Name Contract 4/1/87 J.F. Davidson 8/17/87 First American Title Ins. Co. 2/25/87 Lawrence Associates 11/4/86 Malkoff & Associates 3/20/87 Metropolitan Appraisal Co. 9/15/87 Orla Jensen Associates 6/3/87 Pacific Relocation Consultants 5/19/87 The Planning Center 2/3/87 Brown & Diven 7/29/87 Security Land & Right of Way Services, Inc. Comment Consultant - Downtown dog% Assessment District Services Consultant �yI ryLvy Consultant, Historic Town1 /• Center Audio Visual�6t.x Presentation (3 to 5 month for completion) d Local Coastal Program K� Due date 60 daysx� Designs/Build Multi- � y�' Modal parking structure & 0;1 � / Eir Services - Historic Town Center Project Nt Special Counsel Downtown Improvement Project Acquisition - Consulting Downtown Center �� �.