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
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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 •
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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.