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HomeMy WebLinkAboutResolution No. 5675RESOLUTION NO. 5675 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a contract, lease or agreement with John Roberto Associates (For the Peacock Gap Neighborhood Plan; Consulting Fee - $23,000) a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, City 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 City Council of said City held on Monday the 7th day of MAY , 1979 by the following vote, to wit: AYES: COUNCILMEN: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None J E M. LEONCINI, City Clerk 1/78 -CC CITY OF SAN RAFAEL CONTRACT FOR PROFESSIOidAL PLANNING SERVICES This AGREEMENT is made and entered into this 9 day of 1979, by and between the City of San Rafael, a municipal cor- poratio (hereinafter referred to as "City"), and John E. Roberto, doing busi- ness under the firm name and style of John Roberto Associates, of P. 0. Box 31330, San Francisco, California, 94131 (hereinafter referred to as "Consultant"). I SCOPE OF WORK In accordance with this Agreement, the Consultant agrees to provide professional services by preparing a Peacock Gap Neighborhood Plan and Focused Environmental Impact Report (EIR) as described in Attachment A to this Agreement entitled "Scope of Work". The work to be done under this Agreement shall meet the requirements of Title 7, Division 1, Chapter 3, Article 8, of the California State Government Code as it pertains to specific plans, and the Guidelines adopted under the authority of the California Environmental Quality Act, as amended. II PAYMENTS For the payments herein specified, which the City agrees to make, Con- sultant will undertake and perform the work described in the attachment to this Agreement entitled "Scope of Work for the Peacock Gap Neighborhood Plan and EIR." For such services the City shall pay Consultant a sum of money not to exceed twenty-three thousand dollars ($23,000.00) as compensation for the Con- sultant's completion of work set forth in this Agreement. Consultant agrees to bill the City on a time and expense basis. A-11 billings for services sub- mitted by the Consultant to the City are due and payable within 10 days of the date shown on the invoice. C III SCHEDULE The Consultant shall adhere to that schedule detailed in Attachment 4B unless modified by Planning Director. IV ADDITIONAL WORK It is understood and agreed by City and Consultant that the above pay - ment for services is based upon normal professional service in preparing and providing a Neighborhood Plan and Focused EIR as described in the attached Scope of Work. Any additional work requested or required of the Consultant by the City shall be construed as an alteration of this Agreement and shall be subject to negotiation. Said additional work may include, but not be limited to, the following: a. Attendance at more than four (4) neighborhood meetings and four (4) public meetings on the Neighborhood Plan and EIR b. More detailed work in environmental areas outside of those identi- fied for focused attention in the attached Scope of Work c. Unusual or unanticipated data development, search, and analysis V CONSULTANT STATUS The Consultant is an independent contractor and shall not be deemed, directly or indirectly, to be an officer or employee of the City. However, City shall assist Consultant by providing timely response to Consultant's re- quest for municipal data; meeting with Consultant when necessary at mutually agreeable times; facilitating necessary meetings with all public agencies and officials, and neighborhood associations; providing tasks and materials as out- lined in the attached Scope of Work; and in other similar ways assist Consul- tant in expeditious progress of the assignment. -2- The Consultant states that he has not previously and will not during the time of this contract serve as consultant to the Homeowners Association or any individual organization or corporation representing major landowners in the area. 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. VI TERMINATION The City reserves the right to terminate this Agreement at any time by providing official notification to the Consultant. Should said notifica- tion be received by the Consultant, all work under this Agreement shall termi- nate, except for• what minor work is required to provide the City with a clear understanding of work completed and work remaining. In the event of Agreement terminating, 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. VII AGREEMENT AND ASSIGNMENT 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. VIII ALTERATIONS This Agreement may be modified, as necessary for the successful and timely completion of the services to be provided. Any alteration or variation shall be expressed in writing, as an amendment to this Agreement, and shall be approved by both parties. -3- C C IN FITNESS THEREOF, City and Consultant have caused their authorizeGi ' representatives to execute this Agreement the day and year first above written. LAFRE CE , yor N 0 G. Attest: "INE M. LEONCINI,ity Clerk -4- ATTACHMENT A. SCOPE OF WORK c Peacock Gxp Neighborhood P1.a:e and EIR INTRODUCTION It is mutually agreed by the City and the Consultant that the Peacock Gap Neighborhood Plan shall stand as the product of open and continuous dialogue among Consultant/City and the Homeowners Association, major property owners and other interested parties. A series of four neighborhood meetings have been established as a minimum to achieve this citizen input. The City/ Consultant shall be present at each of these meetings and shall discuss openly the neighborhood's concerns, the property owners' aspirations, professional standards, City development requirements, conclusions drawn and any other relevant item for the final text of the Neighborhood Plan. A. Definition of Tasks Task #1. Data Collection The initial step in the development of a specific neighborhood plan is to review and interpret all information which is relevant to planning and the environment. All existing data on the Peacock Gap area's physical, biologi- cal, social, and aesthetic setting will be collected and analyzed. The fol- lowing will be accomplished: la. Inventory of Natural and Cultural Resources Mr. Richard Harris's class at the University of California will be providing information and maps of the area's climate, geology, soils, hydrology, water quality, biota, air quality, noise, traffic, historical and archaeological setting. The Consultant will work with and advise Mr. Harris as to the for- mat to be followed and detail of data. The Consultant's professional staff will also review critical data for accuracy (i.e., geology, soils, hydrology, archaeology, and traffic) and shall reject any data found to be inadequate or not in conformity with professional standards. The City shall be advised of any such determination. At the same time the Consultant will gather demo- graphic, land use, socioeconomic, and public services and facilities data. Also, all previous EIRs and other reports prepared for the area will be reviewed. -1- C c lb. Review of San Rafael General Plan and Zoning Ordinance 4 The Consultant will review the City's adopted planning goals, policies, and objectives and will formulate a set of conservation and development criteria which can be used to develop a land use/residential density plan for the neighborhood. Furthermore the zoning ordinance will be examined to see if it contains the appropriate procedures and regulations for implementing the general plan's objectives. lc. Review Plans and Programs of Other Public Agencies The Consultant will meet with all public agencies having jurisdiction in the area and compile a list of their plans and development regulations. This in- cludes contact with those special districts which supply water and sewer. Task #2. Identification of Development Constraints and Opportunities 2a. Geology and Soils The geology and soils information compiled under Task #1 will be analyzed to determine areas suitable for construction of buildings and roads. Those areas totally unbuildable will be identified. Those areas requiring sig- nificant engineering mitigation will be identified. A licensed soils engineer and geologist will identify constraints by reviewing and commenting on existing soils and geologic data. No new field investigations or studies will be authorized under the provisions of this contract. 2b. Hydrology Constraints to development including flooding along Point San Pedro Road, drainage, and erosion control will be identified and methods to mitigate the problem identified. Existing hudrologic data will be reviewed; no new hydrologic studies will be conducted, unless specified by City and pursuant to additional work clause of this contract. 2c. Traffic and Circulation The existing roadway system will be analyzed in terms of its ability to handle increases in traffic. Daily and weekend traffic volume will be considered. Alternative access routes to underdeveloped areas will be discussed. Particular attention will be paid to traffic constraints posed by Pt. San Pedro Road and U.S. Highway 101. -2- 2d. Visual Analysis C . Areas of visual or scenic value will be identified. The analysis will in- clude internal as well as external view studies. • Features in the human and natural landscape which contribute to the unique character of the area will be identified. • Visual and aesthetic constraints to development will be mapped and identi- fied. Methods to mitigate magnitude of impact will be suggested. 90 ra,,;�- Existing noise levels will be examined to see if any land uses would be pro- hibited by city standards or whether new development might result in noise levels in excess of city standards. Mitigation measures, as appropriate, will be identified. 2f. Wildlife and Biotic Habitats Identify and map major vegetation types and biotic communities and list their characteristic and dominant species. Describe habitat utilization by wildlife emphasizing rare, endangered, or unusual species and their habitats (i.e., the habitat of the monarch butterflies, wetlands). . Analyze potential effects of construction on flora and fauna and suggest methods to mitigate impacts. 2g. Archaeology and History Record, file, and literature -search to identify previously recorded sites in the area. A general field survey to identify potential areas for more de- tailed investigation in the future. Particular attention will be given to the brick barn and McNear Brick Factory sites. 2h. Public Utilities and Services Examine the ability of the Water District, Sewer District, police, fire, and schools to serve the area safely, and identify the potential urban services constraints to development. MCC Task #3. Identification of Planning Issues and Problems C As part of this phase, the Consultant will then present the findings of the first two phases at a neighborhood meeting. The purpose of this task is to (1) identify the type of development the San Rafael General Plan might allow given the developments constraints of the area, (2) identify the development issues the general plan did not address directly, (3) identify the development and conservation policies that are not controversial, (4) identify the areas and issues of controversy within the neighborhood. Special emphasis will be given to development and conservation policies within the present incorporated areas of the City. Likewise emphasis will be given to establish some type of annexation policies towards the unincor- porated lands to the east and south of San Pedro Road. Task #4. Develop a Draft Neighborhood Plan The neighborhood plan shall consist of six basic elements: 1. Land Use/Residential Densities This element of the plan will delineate on a map areas of potential develop- ment and recommend appropriate residential densities. Site planning tech- niques designed to deal with development constraints will be included in the element. Areas for parks, open space, public facilities and non-residential land uses, if any, will be identified. 2. Traffic and Circulation A traffic -circulation plan which will meet the needs of the land use plan will be developed. The traffic circulation will attempt to maintain the quality of life in existing and proposed residential areas. Methods of avoiding increases in traffic on Peacock and Biscayne Drive will be explored. Consideration will also be given to ways of dealing with weekend and holiday recreation traffic. Capital improvement projects, if appropriate, will be identified. -4- C 3. Parks and Open Space a A park and open space element will assess the recreational needs of the neighborhood and recommend a pa-rk program to meet the need. Natural physical features which contribute significantly to the neighborhood's geographical image will be identified as -high priority open space objectives. 4. Environmental Hazards Element This element will identify the seismic, geologic, flood, and fire hazards in the Peacock Gap area and will suggest methods of avoiding or mitigating the identified hazards. 5. Design and Visual Character Element This element will identify the physical features which contribute to the area's physical, social, and cultural character. Methods of maintaining community image and lifestyle will be recommended. 6. Community Services and Facilities Element This element will address the need for expanded urban services in the area and the estimated timetable for providing these services. Qualitative con- sideration will be given to the economic feasibility of providing the needed services. Task #5. Develop Specific Regulations, Conditions, and Proposed Legislation to Implement the Neighborhood Plan The Consultant will review the City's zoning and subdivision ordinance and make precise recommendations for amendments necessary to implement the Peacock Gap Neighborhood Plan. Special attention will be given to hillside development, conservation of the area's natural and aesthetic resources, marsh protection, and bayfront development policies. The Consultant shall review current C.C.& R.'s as to their applicability for new development and/or continuation past the current expiration Unless otherwise specified, the G� shall also evaluate and incorporate a plan for the continued maintenance of the Peacock Gap Lagoon. -5- C Task #6. Prepare Focused EIR on Neighborhood Plan c A focused EIR which assesses the environmental impact of the proposed neigh- borhood plan will be prepared. The EIR will focus on impacts to the biotic community (including vegetation and wildlife), local traffic and circulation, and the effects of the plan on public services and facilities. The latter area of analysis will include a general discussion of the costs of providing needed urban services and facilities, and estimates of tax revenues expected to be generated by new development associated with -the neighborhood plan. However, the EIR will not include an economic analysis of the neighborhood plan. The general areas of analysis in the EIR will include: a. Climate and Air Quality The Consultant will utilize the Bay Area Air Pollution Control District's Guideline for Air Quality Impact Analysis of Projects, June 1975. The dis- cussion will be limited to a description of existing air quality conditions based on available data, and a qualitative analysis of the effects on air quality of traffic increases associated with the project. Consultant will consider carbon monoxide only. b. Geology, Soils, and Hydrology No new field investigations will be conducted. Consultant's team will analyze potential impacts based on existing and available geologic, soils, and hydrologic data. c. Water Quality Describe existing water quality conditions in the Bay based on existing available data and make general qualitative predictions of the effect of the neighborhood plan on local water quality. d. History and Archaeology A registered archaeologist will visit the study area and conduct a general visual field survey. Potential impacts will be listed and recommendations for future investigations and means of mitigating identified adverse impacts will be made. Q:M e. Noise Analysis will be limited to a discussion of street traffic noise on San Pedro Road, Peacock Gap, Riviera, and Biscayne Drives. Impacts will be analyzed using HUD Noise Assessment Guidelines, published in 1971. f. Energy A general discussion of energy conservation techniques that can be utilized in new construction. g Alternatives The EIR will consider two alternative neighborhood plans: (1) a neighborhood plan which projects residential densities for the entire study area which is comparable to the plan formulated by the Homeowner's Association for the New York -Cal Property, and (2) a neighborhood plan which includes the New York - Cal proposal and prospective future proposals of other property owners in the area. h. Response to Comments The City will aid the Consultant in responding to comments on the EIR by identifying those comments necessitating a response, and responding to com- ments best answered by the City. The Consultant will respond to all other comments on the EIR. B. Format and Product The final product will consist of a technical report which will include the EIR, a Neighborhood Plan for the Peacock Gap Area including implementation and Neighborhood Plan Map. The Consultant will provide a camera-ready copy of each of the above documents to the City. C. Public Hearings It is not possible to predict the number of public hearings before Planning Commission and City Council. The work program budget includes a total of four public hearings in addition to the four town meetings. The public meetings will be staffed only by Mr. Roberto. Other consultants will be -7w C' available upon City request. Additional public and town meetings requiring Mr. Roberto's attendance will be charged at $35 per hour plus expenses. D. Consultant's Staffing and Role All report writing, draft neighborhood plan writing, and attendance at citi- zens', planning commission, and City council meetings will be staffed by Mr. Roberto. Some data collection and mapping work will be done by members of Mr. Roberto's staff and outside subconsultants. Subconsultants consist of only those individuals listed with the proposal dated ^�;/ /v 1979. Any changes to the approved list shall be approved by the Planning Director. The Consultant will be responsible for preparing all original documents for the meetings; the City will be responsible for reproduction and distribution. E. City of San Rafael Responsibilities The City will be responsible for the following: 1. Providing the Consultant with a reproducible base map, aerial photos, etc., of the study area 2. Assisting the Consultant in preparing the "Response to Comments" section of the EIR, including determination of the degree of specificity of the responses to comments on the draft EIR 3. Mailings to local residents and property owners 4. Legal announcements 5. Printing of Interim and Final Reports, including the neighborhood plan and EIR 6. Compiling names, addresses, and phone numbers of key individuals within the neighborhood and property owner representatives. 7. Economic analysis of the plan 8. Contract administration. F. Study Area The area of study for the Neighborhood Plan and Focused EIR will be limited to the geographical boundaries of Neighborhood 21 (Peacock Gap) as shown on Map 6 of the San Rafael General Plan. A copy of that map is attached herewith. G. Degree of Specificity It is expressly understood that the degree of specificity of the Neighborhood Plan shall be more detailed for those properties within the City limits for the incorporated portion of the neighborhood. The plan shall clearly indicate intensity of land use, expressed as density (dwelling units per acre) in residentially designated areas. The level of detail appropriate for the unincorporated properties shall include designations of land uses along with general ranges of intensity/density. For neither incorporated or unincor- porated properties is the degree of specificity to be detailed to the point of identification of individual building locations. It is also expressly understood that the EIR for the Neighghborhood Plan will be a Focus EIR as provided by Section 15140(e) of the Guidelines for Imple- mentation of the California Environmental Quality Act of 1970 as amended. The Initial Study prepared for the Neighborhood Plan shall determine the areas of focus. It is anticipated that those areas will be as detailed in Task #6 above. moz C RM 7 W O Z 4 Z Q J d O W Z J d' O O co W Z 2 LO N W_ W CL i - L7 Y U O U Q W Ll - C) Z O H F-- I..G Q W w 0- 6 C) N 01 r• W r to LO ct r- M N r r r O r- ON 00 to Lo d cr7 N r-- I -10- 4 v1 ami w 4.3 O r' C U VI U N .a) 'r' •r O �_ N •..., 4-I •r 4J •r O .0 b N L~ N•U rte- V 4-I O O C ..-. 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