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HomeMy WebLinkAboutCC Resolution 8388 (Zoning Ordinance EIR)RESOLUTION NO. 8 3 8 8 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A $9,720 CONTRACT WITH JEFFERY BAIRD AND ASSOCIATES TO ASSIST IN PUBLIC PARTICIPATION EFFORTS AND ENVIRONMENTAL REVIEW OF THE ZONING ORDINANCE WHEREAS, the City Council approved a $26,000 Zoning Ordinance budget for 1990-91; and WHEREAS, a draft zoning ordinance has been prepared and is being reviewed by legal counsel; and WHEREAS, advance planning staff has been shifted to the Downtown Plan project; and WHEREAS, Jeffery Baird and Associates is familiar with Zoning ordinance issues, having worked on the General Plan 2000, has provided consistent, high quality products, and has particular expertise in preparing public handouts, slide shows and similar products. NOW THEREFORE BE IT RESOLVED, the City Council hereby approves an agreemeint with Jeffery Baird and Associates, copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager and City Clerk to execute said agreement on behalf of the City of San Rafael. I, JEANNE M. LEONCINI, clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 6th of May, 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryar. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None jE L1 O rN 7�1 Clerk CRIGINA1 PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this 6th day of Mav , 1991, between the CITY OF SAN RAFAEL a Municipal Corporation (hereinafter referred to as City) and JEFFREY BAIRD & ASSOCIATES (hereinafter called Consultant). A. RECITALS: City Council has approved approximately $26,000 for 1990-91 toward completion of the revised Zoning Ordinance. Toward that end, City desires to retain Consultant to perform professional services necessary to render advice and assistance to City, City's staff, Planning Commission and City Council during workshops and hearings to adopt the zoning ordinance. Consultant represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between City and Consultant as follows: B. AGREEMENT 1. DEFINITIONS: The following definitions shall apply to the following terms, except where the context of this agreement otherwise requires: (a) Commencement of Services: Consultant agrees to commence work immediately after the date of the signing of this contract. (b) Completion of Services: The date of the zoning ordinance adoption. 2. CONSULTANT AGREES AS FOLLOWS: (a) Consultant shall undertake and perform such services as are necessary to assist staff in the public review of the revised Zoning Ordinance. This may include but is not limited to the following: Task 1.0 Preparation of Public Handouts and Forms. Assistance in the preparation of handouts and forms for the community workshops and hearings on the revised Zoning Ordinance. The types, purposes, content and format will be refined. Based on preliminary discussions, the handouts are intended to clearly inform people in 5-8 pages about the changes recommended to residential and commercial development standards and zoning districts. Topics could include: (1) overview and rationale for the approach; (2) relationship to General Plan goals and policies; (3) identification of major changes; and (4) description of proposed standards and procedures; and (5) illustrations. All information handouts will be coordinated with post -adoption public 0 f_"� T__� ��Py information/ handout needs to maximize their use and, ina constructive way, test their "user-friendliness." Task 2.0 Participation in Community Workshops. Assistance in various stages of the community workshop process, including: (1) pre - workshop planning; (2) preparation of presentation materials; (3) meeting attendance; and (4) preparation of post -meeting summary reports. An additional $750 is included in the budget for preparation of a brief slide presentation for use by staff in highlighting key points about the Zoning Ordinance revision. Task 3.0 Preparation of Environmental Assessment. Assistance in the preparation of an Environmental Assessment/Negative Declaration on the revised Zoning Ordinance, including (1) Environmental Checklist; (2) Draft Negative Declaration (including Project Description, Responses to Potential Impacts, Mitigation Measures and other items) Task 4.0 Miscellaneous Tasks. Assistance in other tasks, as needed, as part of the project team. Tasks could include staff meetings, review of products, review of General Plan changes required as a result of the zoning ordinance, etc. (b) Consultant shall supply copies of handouts and documents as noted above to Planning staff within time frames to be specified in writing. (c) Consultant shall attend workshop and public meetings as identified in Exhibit A, Figure 1. 3. CITY AGREES AS FOLLOWS: (a) In consideration of Consultant's Agreement to perform well and sufficiently and in a skillful and professional manner the services contemplated herein, City agrees to pay Consultant on a time and materials basis at a standard rate of $65/hour, which includes general office overhead, supplies, phone, etc. Materials costs would be confined to special items necessary for the project, such as display materials, slides, etc. Needed consultant assistance for proposed tasks is not to exceed $9,720. (b) Additional Services: Payment for additional services requested, in writing, by City, and not included in the above proposal, shall be paid on a reimbursement basis in accordance with the $65/hour fee schedule. (c) Invoices: Charges for all services shall be invoiced on a monthly basis and shall be paid by City within a reasonable time after said invoices are received by City. 4. CITY AGREES TO PROVIDE TO CONSULTANT (a) Information and assistance needed to coordinate the public workshop (b) Such information as is generally available from City files applicable to the project. 5. OWNERSHIP OF DOCUMENTS: All documents, originals, graphic exhibits and correspondence developed or received during the course of the zoning ordinance public meeting process shall become the property of the City. 6. STATUS: Consultant is an independent contractor and shall not be deemed, directly or indirectly, to be an officer or employee of the City. 7. TERMINATION: (a) The City reserves the right to terminate this Agreement at any time by providing 10 days written notice to the Consultant. Upon receipt of said notice by the Consultant, all work under this Agreement shall terminate, except for what minor work is required to provide the City with a clear understanding of work completed and work remaining. (b) City shall pay Consultant all sums then due and unpaid under this Agreement, including sums for work not completed, but in preparation. Payment by City of such compensation shall be considered full and final settlement for all work performed by the Consultant under this Agreement. (c) Upon receipt of final payment, all materials and documents, whether finished or not, shall become the property of and shall be delivered to the City. (d) It is mutually understood and agreed that this Agreement shall be binding upon the City and upon the Consultant, their successors, executors, or administrators. Neither this Agreement nor any part thereof, nor any monies due or to become due under this Agreement may be assigned by the Consultant without the written consent of the City. 8. NOTICES OF DESIGNATED REPRESENTATIVES: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 8. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: City: Jean Freitas, City of San Rafael Planning Department, PO Box 151560, San Rafael, CA 94915-1560 Consultant: Jeffery Baird, Jeffery Baird and Associates, 8 Irving Drive, San Anselmo, CA 94960 9. INSURANCE AND HOLD HARMLESS: (a) Consultant shall be responsible to provide automobile, worker's compensation, health, personal liability and such other insurance as it desires to protect itself, its employees and subcontractors, at its own expense. (b) Consultant shall defend, indemnify, and hold harmless the City of San Rafael, City staff, its commissions, agents, servants, officers and employees from any death or injury to any person or property damage or destruction resulting from consultant's activities as required by this agreement. 10. ARBITRATION: All claims or disputes between the Client and the Consultant relating to this Agreement shall be decided by artitration in accordance with the rules of the American Arbitration Association, conducted in Marin County under the laws of the State of California. The decision of the arbitrator shall be final and binding on the parties. In interpreting the provisions of this Agreement, the arbitrator may make an award of costs and fees, including attorney's fees necessitated by arbitration. 11. ALTERATIONS: This Agreement may be modified, as necessary, for the successful and timely completion of the services to be provided. Any alteration shall be expressed in writing, as an amendment to this Agreement and shall be approved by both parties. Amendments to Attachment A may be made by mutual agreement of Consultant and the City Planning Director. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: • : A u A • 1 r �, rr Q� — --"— AL -----City Manager, P J. NICOLAI ATTEST: Ci 'Clerk,�JEANNE M. LEONCINI APPROVED A&ARY FORM - �- ��-Attorney, T RAGGH ANTI Jeffery Baird and Associates 8 Irving Drive San Anselmo, California 94960 ATTACHMENT A (415) 453-9539/FAX 453-9758 26 March 1991 Ms. Jean Freitas Principal Planner City of San Rafael 1400 Fifth Avenue San Rafael, California 94915 Dear Jean: As a follow-up to our meeting last week and the staff meeting on March 3, 1991, 1 have outlined below a scope of services and hourly rate proposal for assisting planning staff in the public review of the revised Zoning Ordinance. The tasks below correspond to Figure 1, which is a summary of hours for myself and staff to complete the various tasks. Task 1.0 Preparation of Public Handouts Assistance in the preparation of handouts and forms for the community workshops and hearings on the revised Zoning Ordinance. The types, purposes, content and format will be refined. Based on our preliminary discussion, the handouts are intended to clearly inform people in 5-8 pages about the changes recommended to residential and commercial development standards and specific areas, with a one- page handout providing an overview of the Zoning Ordinance revision. Handout content would cover: (1) overview and rationale for the approach; (2) relationship to General Plan goals and policies; (3) identification of major changes; (4) description of proposed standards and procedures; and (5) illustrations. All information handouts will be coordinated with post -adoption public information/handout needs to maximize their use and, in a contructive way, to "test" their user-friendliness. Task 2.0 Participation in Community Workshops Assistance in community workshops and presentations to special groups, including: (1) pre -workshop planning; (2) preparation of presentation materials; (3) meeting attendance; and (4) preparation of post -meeting summary memos. An additional $750 is included in the budget for prepar ation of a brief slide presentation for use by staff in highlighting key points about the Zoning Ordinance revision. The General Plan slide presentation, which I think was very successful during the General Plan revision, will be used as a starting point, with additional slides as needed. Preparation of specific slides may, if needed, be sub -contracted by me with Moore, lacofano, Goltsman (maximum cost to be $750). Ms. Jean Freitas March 26, 1991 Page 2 Task 3.0 Preparation of Environmental Assessment Assistance in the preparation of an Environmental Assessment/Negative Declaration on the revised Zoning Ordinance, including: (1) Environmental Checklist; (2) Draft Negative Declaration (including Project Description, Responses to Potential Impacts, Mitigation Measures and other items). Task 4.0 Miscellaneous Tasks Assistance in other tasks, as needed, as part of the project team. Tasks could include staff meetings, review of products, review of General Plan changes required as a result of the Zoning Ordinance, etc. The estimate of hours included in Figure 1 is a maximum amount not to be exceeded without prior authorization by the City. The cost estimate is based on my hourly rate of $65/hour. This hourly rate includes my general office overhead, supplies, phone, etc. Materials costs would be confined to special tems necessary for the project, such as display materials, slides, etc. I am very excited about working with you on this important project. Please call me if you have any questions, need any additional information or would like the scope of services modified in any way. Sincerely yours, JEFFERY BAIRD & ASSOCIATES Figure 1: Estimate o. -jurs for Tasks Related to Public Review of the aft Zoning Ordinance 1.0 Public Handouts 1.1 Handout #1 (Residential) 20 $1,300 30 50 1.2 Handout #2 (Commercial) 20 $1,300 30 50 1.3 Overview Handout 5 $325 10 15 1.4 Comment Sheets 2 $130 2 4 1.5 Miscellaneous Handouts 5 $325 10 15 1.6 Press Releases 2 $130 12 14 Subtotal 54 $3,510 94 148 2.0 Workshops/Presentations 2.1 Pre -Meeting Preparation 2 $130 9 11 2.2 Agenda Development 5 $325 15 20 2.3 Slide Show (15 minutes)' 20 $2,050 40 60 2.3 Displays/Presentation Material 2 $130 5 7 2.4 Meeting Attendance (3 meetings) 9 $585 54 63 2.5 Post -Meeting Summary Memos 9 $585 40 49 Subtotal 47 $3,805 163 210 3.0 Environmental Assessment 3.1 Review Materials 5 $325 15 20 3.2 Environmental Checklist 2 $130 4 6 3.3 Negative Declaration Draft 8 $520 38 46 3.4 Mitigation Monitoring 4 $260 4 8 3.5 Responses to Comments 4 $260 40 44 3.6 Meetings/Hearings 0 $0 15 15 Subtotal 23 $1,495 116 139 4.0 Miscellaneous Tasks 4.1 Staff Meetings 6 $390 6 12 4.2 Meeting Summary/Miscellaneous 8 $520 8 16 Subtotal 14 $910 14 28 Total— 138 $9,720 387 525 Includes up to $750 for any special graphics slides, if needed. Assumes a total of 9 workshops and special presentations (2 staff members/meeting; 3 hours/person/meeting). This total does not include responses to comments and modifications to the Draft Zoning Ordinance.