HomeMy WebLinkAboutCC Resolution 11867 (EIR Report; Corp Center; RBF Consulting)RESOLUTION NO. 11867
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE INTERIM
CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES
WITH RBF CONSULTING FOR ASSISTANCE NEEDED TO PREPARE AN
ENVIRONMENTAL IMPACT REPORT FOR THE SAN RAFAEL CORPORATE CENTER
PROJECT (HINES)
(Term of Agreement: from December 1, 2005 to December 1, 2006, for an amount not to Exceed
$173,280.00)
WHEREAS, in 1998 the City of San Rafael approved PD (Planned Development) District zoning, an
Environmental and Design Review Permit, a Conditional Use Permit and a Development Agreement for the San
Rafael Corporate Center Project (formerly Fair, Isaac). The approvals authorized redevelopment of a 15.54 -acre
site located south of Second Street with a 406,000 square -foot office park; and
WHEREAS, the planning approvals granted for the San Rafael Corporate Center were subject to
environmental review. An Environmental Impact Report (EIR) was prepared for this project with the assistance
of RBF Consulting and was certified by the City Council in January 1998; and
WHEREAS, the San Rafael Corporate Center project site was recently purchased by Hines. Hines is
proposing to pursue City approvals for a revised, second phase development involving residential, hotel and
commercial recreation uses. This revised project will require environmental review; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act (CEQA), the
revised development project will require environmental review, which will involve either the preparation of a
subsequent EIR or a supplement to the previously certified EIR; and
WHEREAS, RBF Consulting has prepared a proposal for services to prepare the environmental
document for this revised project, which is provided as Exhibit "A'; and
WHEREAS, the proposal for services includes a not -to -exceed budget of $173,280.00, which includes
completion of all necessary tasks through document certification; and
WHEREAS, the developer has agreed to pay all consultant costs associated with the preparation of the
EIR plus the City's EIR administration fee of 25%.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby
authorize the Interim City Manager to execute, on behalf of the City of San Rafael, an Agreement for
Professional Services with RBF Consulting.
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 City Council of said City held on Monday,
the 19fl' day of December, 2005, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
Cohen, Heller, Miller, Phillips and Mayor Boro
None
ABSENT: COUNCILMEMBERS: None
JE M. LEONCNI, City Clerk
0
AI �1
PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING FOR PREPARATION OF AN
ENVIRONMENTAL EMPACT REPORT FOR THE
SAN RAFAEL CORPORATE CENTER PROJECT
This Agreement is made and entered into this 190' day of December 2005, by and between the City
of San Rafael (hereinafter "CITY"), and RBF Consulting (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, CONTRACTOR has submitted its proposal for the performance of services, which is
attached hereto and incorporated by reference herein; and
WHEREAS, CITY desires to retain CONTRACTOR to perform professional services necessary to
render advice and assistance to the CITY, the CITY's Planning Commission, City Council and staff in the
preparation of an Environmental Impact Report (EIR); and
WHEREAS, CONTRACTOR represents that it is qualified to perform such services and is willing
to perform such professional services as hereinafter defined.
AGREEMENT
NOW, THEREFORE, it is agreed by and between the CITY and CONTRACTOR as follows:
1. PROJECT COORDINATION.
A. CITY. The City Manager shall be the representative of the CITY for all purposes under
this Agreement. Contract Planner, Paul A. Jensen, is hereby designated the PROJECT
MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of
the progress and execution of this Agreement.
B. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall
responsibility for the progress and execution of this Agreement for CONTRACTOR.
Kristie Wheeler, Associate/Senior Project Manager, is hereby designated as the PROJECT
DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the
execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the
CONTRACTOR shall notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONTRACTOR.
A. CONTRACTOR shall perform the duties and/or provide services as described in Proposal
to Prepare EIR — San Rafael Corporate Center Phase II, attached hereto and incorporated
herein.
B. Commencement. CONTRACTOR agrees to commence work immediately after the date
of signing this contract.
C. Completion. Tasks described in Proposal to Prepare EIR - San Rafael Corporate Center
Phase II shall be completed as set forth in the schedule outlined in Proposal to Prepare EIR
— San Rafael Corporate Center Phase II, attached and incorporated by reference herein.
3. DUTIES OF CITY.
CITY shall perform the duties and/or provide services as outlined in Proposal to Prepare EIR — San
Rafael Corporate Center Phase Il, attached and incorporated herein.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall pay
CONTRACTOR an amount not to exceed $173,280.00 based upon the budget shown in Proposal
to Prepare EIR — San Rafael Corporate Center Phase Il, to be compensated on a time and material
basis. Payment will be made upon receipt by PROJECT MANAGER of itemized invoices submitted
by CONTRACTOR.
5. TERM OF AGREEMENT.
The term of this Agreement shall be for one (1) year commencing on December 1, 2005 and ending
on December 1, 2006. Upon mutual agreement of the parties, and subject to the approval of the City
Manager the term of this Agreement shall be extended for an additional period.
6. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30)
days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written
notice mailed or personally delivered to the other party, and the notified party's failure to
cure or correct the cause of the termination, to the reasonable satisfaction of the party giving
such notice, within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur
additional obligations under any provision of this Agreement without the prior written
consent of the other.
D. Return of Documents. Upon termination, any and all CITY documents or materials
provided to CONTRACTOR and any and all of CONTRACTOR's documents and
materials prepared for or relating to the performance of its duties under this Agreement, shall
be delivered to CITY as soon as possible, but not later than thirty (30) days after
termination.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with the
performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use
said property for any purpose, including projects not contemplated by this Agreement. However, use
of said property by CITY for project(s) not the subject of this Agreement shall be at CITY's sole
risk without legal liability or exposure to CONTRACTOR.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection
and audit, all documents and materials maintained by CONTRACTOR in connection with its
performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY
or its agent in any such audit or inspection.
9. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of the
other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect.
10. INSURANCE.
A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to
CITY, the following insurance policies:
1. A comprehensive general liability insurance policy in the minimum amount of one
million dollars ($1,000,000) per occurrence for death, bodily injury, personal injury,
or property damage.
2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in
the minimum amount of one million dollars ($1,000,000) per occurrence.
If any licensed professional performs any of the services required to be performed
under this Agreement, a professional liability insurance policy in the minimum
amount of one million dollars ($1,000,000) to cover any claims arising out of the
CONTRACTOR's negligent performance of services under this Agreement.
B. The insurance coverage required of the CONTRACTOR by Section 10. A. shall also meet
the following requirements:
1. The insurance shall be primary with respect to any insurance or coverage
maintained by CITY and shall not call upon CITY's insurance or coverage for any
contribution.
2. Except for professional liability insurance, the insurance policies shall be endorsed
for contractual liability and personal injury.
Except for professional liability insurance, the insurance policies shall be
specifically endorsed to include the CITY, its officers, agents, employees, and
volunteers, as additionally named insureds under the policies.
4. CONTRACTOR shall provide to City's Risk Manager: (a) Certificates of
Insurance evidencing the insurance coverage required herein; and (b) specific
endorsements naming CITY, its officers, agents, employees, and volunteers, as
additional named insureds under the policies.
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5. The insurance policies shall provide that the insurance carrier shall not cancel or
terminate said insurance policies except upon thirty (30) days written notice to
City's Risk Manager, except for nonpayment of premiums for which such notice
shall be ten (10) days.
6. If the insurance is written on a Claims Made Form, then, following termination of
this Agreement, said insurance coverage shall survive for a period of not less than
five years, to the extent that such coverage remains commercially available at
reasonable rates.
7. The insurance policies shall provide for a retroactive date of placement coinciding
with the effective date of this Agreement.
8. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
C. If it employs any person, CONTRACTOR shall maintain worker's compensation and
employer's liability insurance, as required by the State Labor Code and other applicable laws
and regulations, and as necessary to protect both CONTRACTOR and CITY against all
liability for injuries to CONTRACTOR's officers and employees.
D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be
declared to and approved by the City's Risk Manager and the City Attorney. At CITY's
option, the deductibles or self-insured retentions with respect to CITY shall be reduced or
eliminated to CITY's satisfaction.
11. INDEMNIFICATION.
CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents,
employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in
whole or in part, from any negligent acts or omissions or willful misconduct of CONTRACTOR or
CONTRACTOR'S officers, agents and employees in the performance of their duties and
obligations under this Agreement.
12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex,
race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
13. COMPLIANCE WHE ALL LAWS.
CONTRACTOR shall observe and comply with applicable federal, state and local laws, ordinances,
codes and regulations, in the performance of its duties and obligations under this Agreement.
CONTRACTOR shall perform all services under this Agreement in accordance with these laws,
ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold
harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties,
fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes
or regulations.
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14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any
third party, any benefit or right owed by one party, under the terms and conditions of this Agreement,
to the other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this Agreement,
including any notice of change of address, shall be in writing and given by personal delivery, or
deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to
be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the
date of deposit with the United States Postal Service. Notice shall be given as follows:
TO CITY: Bill Meeker
Principal Planner
City of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 94915-1560
TO CONTRACTOR: Kristie Wheeler
Project Director
RBF Consulting
500 Ygnacio Valley Road, Suite 270
Walnut Creek, CA 94596-3847
16. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and
employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY.
CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its
officers, agents and employees be that of an Independent Contractor and not that of an employee of
CITY.
17. ENTIRE AGREEMENT — AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with
respect to the subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject matter of
this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except by a
written amendment to this Agreement signed by the CONTRACTOR and the CITY.
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E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and
conditions of the attached exhibits or the documents expressly incorporated by reference, the
terms and conditions of this Agreement shall control.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under
this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement,
contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other
amounts.
19. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of this
Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other
term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of
the same or other term, covenant, condition, ordinance, law or regulation. The subsequent
acceptance by either party of any fee, performance, or other consideration which may become due or
owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation
by the other party of any term, condition, covenant of this Agreement or any applicable law,
ordinance or regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or
arising out of the performance of this Agreement, may recover its reasonable costs (including claims
administration) and attorney's fees expended in connection with such action.
21. CITY BUSINESS LICENSE / OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business
license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state
and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number
is 952-24-7293, and CONTRACTOR certifies under penalty of perjury that said taxpayer
identification number is correct.
22. APPLICABLE LAW.
The laws of the State of Califomia shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year
first above written.
CITY OF SAN\4�-RAFAEL CONTRACTOR
r - I � By:
0RhHOFF, Interim anger Name: Garrett Gritz "
Title: Vice -President
I
ATTEST:
JMNNE M. LEONCM, City Clerl
APPROVED T RM:
GARY T. I, City Attorney
EXHIBIT: Proposal to Prepare EIR — San Rafael Corporate Center Phase H, dated November 29, 2005
CONSULTING
November 29, 2005
Mr. Bill Meeker
Principal Planner
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
EXHIBIT A
JN 35-100542
Subject: Proposal to Prepare an Environmental Impact Report for Phase II of the San Rafael
Corporate Center
Dear Bill:
RBF Consulting is pleased to submit the enclosed proposal to prepare an Environmental Impact Report
(EIR) for Phase II of the San Rafael Corporate Center. Our team of planning and environmental
professionals has extensive experience preparing EIRs for similar projects in the Bay Area and throughout
California. As you know, RBF's most relevant experience in San Rafael is preparation of the Fair Isaac
Office Park EIR, a project previously proposed on the project site.
RBF is a full-service environmental and land use planning, urban design and engineering firm providing a broad
range of planning and environmental services. We will provide the City of San Rafael with a high quality,
legally defensible EIR that fully complies with the requirements of the California Environmental Quality Act
(CEQA) and other applicable regulations. With a current staff of over 900 and more than 60 years of experience
in California, RBF has developed an outstanding record for preparing environmental analyses and
understanding community issues.
Based on our review of the project and experience preparing EIRs, our proposal is defined by the following key
principles:
•:• A well -coordinated team strategy for working with City throughout the environmental review
process.
❖ Meticulous project management through the use of detailed project scheduling, an action item
matrix, and monthly status reports.
Dedicated project manager throughout the life of the project. As the Project Manager, I am
committed to building a close working relationship with City staff and other agencies to provide a
mechanism for timely and responsive resolution to issues, and ensuring a high-quality document
4- "Deep" in-house resources to provide a comprehensive level of service to avoid the potential for
complicated delays that are often associated with large, multi -company consultant teams.
4- An excellent track record with proven capabilities to effectively complete complex, large-scale,
controversial and comprehensive CEQA documents on time and within budget
PLANNING U DESIGN: -1 CONSTFZUCTION
500 Ygnacio Valley Road Suite 270 Walnut Creek. CA 94596.3847 ■ 925 906 1460 o Fax 925 906 1465
Offices located throughout California. Arizona & Nevada ■ www RBFcom
waaw al tmdod rmw
We appreciate the opportunity to submit this proposal to the City of San Rafael and look forward to
providing our expertise, experience and technical knowledge in support of City staff. Please do not
hesitate to contact me at (925) 906-1460, if you have any questions or need any additional information.
Sincerely,
4A'1-4t-4� � . 74JJI-f-�
Kristie R. Wheeler
Associate/Senior Project Manager
Planning
cc Bob Brown, Community Development Director
Paul Jensen, Contract Planner
CONSULTING
PLANNING 0 DESIGN 0 CONOTAUCTI0N
City of
San Rafael
Proposal to Prepare EIR
San Rafael Corporate Center Phase II
PROJECT RBF Consulting is pleased to submit this proposal to prepare an environmental
UNDERSTANDING impact report (EIR) for Phase H of the San Rafael Corporate Center. The project
involves a mixed-use development including hotel, fitness and office uses, and
approximately 175 to 215 residential condominiums. The project site comprises
15.1 acres and is located on the southeastern edge of Downtown San Rafael
bordered by Second Street to the north, Mahon Creek to the east, Andersen Drive
and Mahon Creels to the south, and the Lofts at Albert Park to the west.
Existing uses on the site include two office buildings with a total of
approximately 160,000 square feet and associated site improvements constructed
as part of Phase I of the San Rafael Corporate Center.
In August 2000, the City approved a Planned Development Amendment, Use
Permit Amendment and Development Agreement Amendment for the San Rafael
Corporate Center, which allows the development of up to 406,000 square feet of
office uses on the project site. Prior to that, the City certified a Final EIR,
prepared by RBF Consulting, for the Fair Isaac Office Park and approved a
Planned Development, Use Permit, Development Agreement and Environmental
and Design Review Permit for the project.
The San Rafael Corporate Center Phase D project is proposed by Hines and
requires approval of the following:
• Planned Development Amendment
• Use Permit Amendment
• Development Agreement Amendment
• Environmental and Design Review Pen -nit
• Tentative Map
SCOPE OF WORK RBF Consulting will prepare an Administrative Draft EIR, Draft ETR, Final EIR
and related work products for the San Rafael Corporate Center Phase II project.
These documents will be prepared in accordance with the California
Environmental Quality Act (CEQA) (Section 21000 et .seq. of the California
Public Resources Code), the State CEQA Guidelines (California Code of
Regulations Section 15000 et .seq. ), and the regulations, requirements and
procedures of the City of San Rafael. To the extent feasible, RBF will reference
information and analysis contained in the Fair Isaac Office Park Final EIR.
This Scope of Work has been prepared pursuant to the City's request and is based
on our knowledge of the project site and surrounding area, our meeting with City
staff and the project sponsor on October 25, 2005, our understanding that the
format of the document will be either a Subsequent EIR or a Supplement to the
previously certified Final EIR, and subsequent discussions
1.0 PROJECT 1.1 RESEARCH AND INVESTIGATION
INITIATION
RBF will review information and materials for the project that will be provided
by the City of San Rafael and project sponsor. This will include a peer review of
technical studies and reports prepared for the project to determine their adequacy
1 Project Understanding
Scope of Work
CONSULTING
City of + Proposal to Prepare EIR
San Rafael I San Rafael Corporate Center Phase II
and identify issues and areas that may need augmentation in order to prepare an
adequate EIR. RBF will also review project plans and policy documentation
from the City as well as any other public agency that may be affected by the
proposed project. This information will become part of the foundation of the EIR
and will be reviewed and incorporated into the analysis, as deemed appropriate.
Once our initial review is complete, RBF will provide the City with a
memorandum identifying any additional information needed. At this time,
refinements to the Scope of Work will be presented and discussed with City staff,
if necessary.
1.2 AGENCY CONSULTATION
As indicated in State CEQA Guidelines Section 15083, early consultation with
public agencies often solves potential conflicts that could arise later in the review
process. During project initiation, RBF will contact affected local, state and
federal responsible and/or trustee agencies to identify potential environmental
concerns.
1.3 FIELD RECONNAISSANCE
RBF will conduct a field survey of the project site, reviewing existing land use
and environmental conditions and conducting a photographic recording of on-site
and surrounding uses.
1.4 PROJECT DESCRIPTION
RBF will work with City staff and the project sponsor to prepare a summary of
the characteristics and details of the proposed project. The Project Description
will include the project location, background and history of the project,
characteristics of the project site, sunrnary of the environmental setting,
proposed uses, project objectives, potential phasing, and permits and approvals
that are required for the project. This section will also include a summary of the
local environmental setting for the project and exhibits depicting the regional and
site vicinity. A minimum of three alternatives will be briefly discussed in this
section.
1.5 INITIAL STUDY
RBF will prepare an Initial Study for the proposed project. In accordance with
State CEQA Guidelines Section 15063(c)(3), the Initial Study will assist in the
preparation of the EIR by focusing on the environmental effects determined to be
significant, identifying the effects determined not to be significant and explaining
why certain effects would not be significant.
L Project Understanding
Scope of Work
CONSULTING
City of
San Rafael
Proposal to Prepare EIR
San Rafael Corporate Center Phase II
1.6 SCOPING
RBF will prepare a Notice of Preparation (NOP) for review by City staff prior to
distribution to the State Clearinghouse and responsible and trustee agencies. One
camera-ready and an electronic copy of the NOP will be provided to the City.
In addition, RBF will attend one public scoping meeting to be held during the 30 -
day NOP review period. RBF will document and summarize comments and
feedback received at the scoping meeting prior to completion of the
Administrative Draft EIR. A hard copy of this summary will be provided to the
City.
2.0 ADMINISTRATIVE 2.1 EXCCUTIVESUMMARY
DRAFT EIR
RBF will prepare an Executive Summary for the EIR including a project
summary, an overview of project impacts, mitigation measures and levels of
significance after mitigation, and a summary of project alternatives. The
Executive Summary will be presented in a table format with supporting text
2.2 INTRODUCTION AND PURPOSE
The Introduction will cite the provisions of CEQA applicable to the proposed
project. This section will identify the intended uses of the EIR, agencies that
may rely upon it, purpose of the EIR and statutory authority, a history of the
environmental review conducted under the 1998 certified Final EIR and those
disciplines of study that have not changed, summary of scoping procedures, EIR
format, listing of responsible and trustee agencies, and documentation
incorporated by reference.
2.3 IMPACTANALYSIS
The Impact Analysis section of the EIR will thoroughly discuss the existing
conditions for each environmental issue area, identify short-term and long-term
environmental impacts and indicate the level of significance for each impact.
RBF will evaluate potential impacts relative to the thresholds of significance
contained in Appendix G of the State CEQA Guidelines. Feasible mitigation
measures will be recommended to reduce the significance of impacts and the
resulting level of significance after mitigation will be identified. Environmental
issues raised during the scoping process (responses to the NOP and/or comments
made at the public scoping meeting) will also be evaluated. Tile analyses will be
based upon all available data, results from additional research, and an assessment
of existing technical studies. This section will include an analysis of the
following environmental issue areas:
2,31 Lard Use and Planning
RBF will provide an analysis of project consistency with the City of San Rafael
General Plan 2020 and Zoning Ordinance in the Land Use and Planning section
of the EIR. General Plan and Zoning consistency will be presented in table
Project Understanding
NFW Scope of Work
CONSULTING
City of Proposal to Prepare EIR
San Rafael San Rafael Corporate Center Phase II
format with supporting text RBF will consult with City staff to determine the
applicable policies and regulations to be analyzed.
2.32 Aesthetics
The visual impacts of the proposed project will be evaluated in the Aesthetics
section of the EIR. RBF will describe the existing visual conditions of the site,
including a discussion of views within the site and views from surrounding areas
to the site, and a description of the expected changes that would result from
development of the proposed project.
It is our understanding that visual simulations of the project will be prepared by
the project sponsor's consultant. RBF will peer review the visual simulations
with respect to the following: 1) accuracy of representing the viewshed; 2)
accuracy of the project's height, bulk and detail; 3) accuracy of representing
landscaping; 4) percent of viewshed altered or blocked; and 5) significance of
viewshed changes.
RBF will also address potential impacts associated with the introduction of light
and glare. This analysis will include a light and glare impact discussion on any
neighboring sensitive uses from street lights, vehicle headlights, building lights,
night time building illumination and security lighting. RBF will review and
incorporate existing City policies and guidelines regarding light and glare in the
EIR.
2.3.3 Air Quality
RBF will evaluate potential air quality impacts related with implementation of
the proposed project. The air quality analysis will include the following:
Existing Conditions The project site is within the San Francisco Bay Area Air
Basin and under the jurisdiction of the Bay Area Air Quality Management
District (BAAQMD). Baseline and project setting meteorological and air quality
data developed through the California Air Resources Board (CARB) and
climatological and air quality profile data gathered by the BAAQMD will be
utilized for the description of existing ambient air quality. Air quality data from
the nearest air quality monitoring station published for the past five years will be
included to help highlight existing air quality local to the project site. Other
sources such as regulatory documents, professional publications, and RBF
experience in the project area will supplement background information. A
summary of current air quality management efforts that may be related to the
proposed project will be provided. A brief overview of the nature and location of
existing sensitive receptors will also be provided to set the context for how such
uses may be affected by the proposed project.
Construction -Related Air Ouality. Air quality impacts will be assessed from
grading and construction sources including the equipment used, length of time
for a specific construction task, equipment power type (gasoline or diesel
engine), horsepower, load factor, and percentage of time in use. Exhaust and dust
4 Project Understanding
Scope of Work
CON6LI LTIN[i
City of Proposal to Prepare EIR
San Rafael San Rafael Corporate Center Phase II
emissions from worker commutes and equipment travel will also be assessed.
Fugitive dust emissions would result from wind erosion of exposed soil and soil
storage piles, grading operations, and vehicles traveling on paved and unpaved
roads. RBF will calculate the construction emissions commensurate with
available project -specific information. Emission factors will be based on the
URBEMIS2002 and EMFAC2002 air quality models. Standard measures for
construction activities recommended by the BAAQMD will be identified and
included as mitigation measures.
Operational Air Ouality. The proposed project would result in a change to the
distribution and timing of trip generation of the currently approved office project
from projected future operations. Project -related traffic trips will be provided to
RBF and will be used in this air quality analysis. It is also expected that there will
be stationary source emissions, such as on-site energy consumption, as a result of
the proposed project Emissions from long -terra mobile and stationary sources
associated with the project will be calculated with the URBEMIS 2002 air quality
model. In addition, project consistency with the Bay Area 2000 Clean Air Plan
will be evaluated based upon the City of San Rafael General Plan. The analysis
will be based on the project buildout year in addition to cumulative conditions.
Carbon Monoxide Hot -Snots. Should project traffic warrant Carbon Monoxide
Hotspot modeling, RBF will model potential CO hotspot intersections utilizing
the CALINE4 model. The information prepared will be consistent with the
Transportation Project -Level Carbon Monoxide Protocol, revised December
1997, prepared by the Institute of Transportation Studies, University of
California, Davis.
1.3.4 Biological Resources
The project site is adjacent to Mahon Creek along the easterly and southerly
project boundary. It is our understanding that a biologic resources study will be
prepared for the project by the project sponsor's consultant, H.T, Harvey &
Associates. RBF will review the study for completeness and accuracy and
determine if additional information is needed. Based on the biologic resources
study, RBF will prepare the Biological Resources section of the EIR. This will
include a narrative describing existing site conditions, regulatory setting and
requirements, and the results of the biological resources study. Potentially
significant impacts will be identified and mitigation measures recommended to
reduce impacts to the extent feasible.
2.3.5 Geology and Soils
RBF will review previous geotechnical studies and any updates prepared for the
project site. In addition, RBF will review other geology, soils and seismicity
information available for the site, including any documents used in support of the
recent General Plan Update and EIR. Specific tasks include: review of existing
soils, general geologic and hydrogeologic (groundwater) conditions, and geologic
hazards relevant to the site and the proposed project. Based on this information,
5 Project Understanding
Scope of Work
......T.
City of Proposal to Prepare EIR
San Rafael San Rafael Corporate Center Phase II
RBF will prepare an evaluation of soils conditions, identify potential impacts and
recommend mitigation measures to reduce impacts to the extent feasible
2 3.6 Hazards and Hazardous Materials
RBF will peer review a report to be prepared by Erler & Kalinowski, Inc.
providing an update on hazards and hazardous materials on the project site. It is
anticipated that this report will include a review of previous hazardous materials
studies prepared for the project site, address their applicability to the proposed
project, identify potential impacts associated with the proposed residential use,
and provide information on monitoring reports. RBF will prepare the Hazards
and Hazardous Materials section of the EIR based on this report evaluating
existing conditions, identifying potential impacts and recommending mitigation
measures to reduce impacts to the extent feasible_
23.7 Hydrology and Water Ortality
RBF will review the drainage plan prepared for the project, published and
unpublished information available from the Regional Water Quality Control
Board (RWQCB), City of San Rafael, and local, state and federal resource
agencies. Based on available information, RBF will prepare the Hydrology and
Water Quality section of the EIR to address existing drainage conditions and
flood hazards, project related effects on the existing drainage patterns and
facilities, identify regional and local water quality issues, and discuss the
National Pollutant Discharge Elimination System (NPDES) permit requirements
for the local project area. Potentially significant drainage and water quality
impacts will be identified and mitigation measures, including best management
practices (BMPs) for water quality impacts, will be recommended to reduce
impacts to the extent feasible,
2.3.8 Noise
RBF will peer review the noise assessment to be prepared by Charles Salter and
Associates for the proposed project. Based on the noise assessment, the Noise
section of the EIR will evaluate potential noise impacts of the proposed project,
focusing on short-term construction noise, long-term changes in noise levels in
the project area due to traffic changes along area roadways, on-site stationary
noise sources and overall changes in ambient noise levels associated with
increased human activity. Recommended mitigation measures to reduce
potentially significant impacts will also be included.
2.3.9 Public Services, Utilities and Service Systems
RBF will coordinate with City staff' and affected public service and utility
providers to address potential impacts of the proposed project. RBF will prepare
and send letters to public service and utility providers to assess the potential
impacts of the proposed project on the provisions of their services or facilities.
The following services, facilities and utility systems will be analyzed:
G Project Understanding
Scope of Work
CONSULTING
City of
San Rafael
F.
CONSULTING
■ Solid Waste Disposal
■ Telecommunications
■ Natural Gas and
Electricity
■ Wastewater
2.3.10 Transportation/Traffic
Proposal to Prepare EIR
San Rafael Corporate Center Phase II
■ Water Supply
■ Parks
■ Schools
■ Fire
■ Police
It is our understanding that Fehr & Peers will prepare a traffic study for the
proposed project and City Traffic Engineering staff will complete the traffic
analysis. The Transportation/Traffic section of the EIR will assess the potential
impacts associated with project trip generation, summarize the findings of the
traffic study and City analysis, identify traffic volumes and address the adequacy
of the level of service (LOS) at key intersections under existing, proposed project
and cumulative conditions. The City of San Rafael LOS standards will be
utilized in determining the threshold of significance for traffic impacts.
In addition, RBF will evaluate the proposed parking for the project to determine
if it meets the City's requirements and provides an adequate number of parking
spaces. Given the mixed-use nature of the proposed project, RBF will also
evaluate on-site circulation to ensure that pedestrian needs are accommodated.
2.3.11 Other -Is -sues
RBF will assess any other issues that may be discovered during the scoping
process and/or in the review of comments received in response to the NOP. If
major issues are discovered, RBF will discuss them with the City and determine
whether revisions to the Scope of Work and fee are necessary.
2.3.12 Effects Found Not to be Significant
RBF will describe effects found not to be significant, in accordance with Section
15128 of the State CEQA Guidelines, by listing them with brief explanations of
why they are not significant and by referral to the evidence supporting the
finding in the Initial Study. Mandatory findings of significance contained in
Public Resources Code Section 21083 and Appendix I of the State CEQA
Guidelines will also be addressed
2.4 GROWTH INDUCEMENT
RBF will discuss potential growth -inducing impacts pursuant to CEQA
Guidelines Section 15126.2. The potential for the project to introduce new
housing to the area, or reduce obstacles to future development (e.g., provide new
infrastructure or links between discontinuous infrastructure distribution lines)
will be considered. The analysis in this section will be based on data from the
City of San Rafael, California Department of Finance, Association of Bay Area
Governments (ABAG) and the U.S. Census Bureau,
Project Understanding
Scope of Work
City of Proposal to Prepare EIR
San Rafael San Rafael Corporate Center Phase I1
2.5 CUMULATIVE IMPACTS
In accordance with State CEQA Guidelines Section 15130, this section will
discuss the cumulative impacts of the project "when the project's incremental
effect is cumulatively considerable." "Cumulatively considerable" means that
the incremental effects of an individual project are considerable when viewed in
connection with the effects of past, current and probable future projects.
RBF will consult with City staff to define the appropriate study area for the
cumulative analysis The potential for impacts and levels of significance will be
based on the effects of the proposed project combined with the effects of other
known and probable future projects. RBF will evaluate cumulative impacts for
each of the identified environmental issue areas. Mitigation measures will be
recommended where appropriate to reduce the level of significance of identified
cumulative impacts.
2.6 ALTERNATIVES TO THE PROPOSED ACTION
RBF will assess a reasonable range of alternatives to the project in accordance
with State CEQA Guidelines Section 15126.6. In addition to the "No Project
Alternative," RBF will evaluate two other alternatives. These alternatives will be
defined in consultation with City staff with the intent of avoiding/reducing the
potentially significant impacts of the proposed project.
In analyzing the potential impacts of the project alternatives, RBF will provide
sufficient level of detail to allow decision -makers to gain a greater understanding
of the altematives should a determination be rendered to support an alternative
development scenario
2.7 ADDITIONAL SECTIONS
RBF will provide additional sections in the EIR to meet the State CEQA
Guidelines and City requirements including the following: Significant
Environmental Effects of the Proposed Project; Significant Environmental
Effects Which Cannot be Avoided if the Proposed Project is Implemented;
Significant Irreversible Environmental Changes Which Would be Caused by the
Proposed Project Should it be Implemented; list of EIR preparers; resources used
in the analysis; and organizations and persons consulted.
2.8 EIR GRAPHIC EXHIBITS
The EIR will include graphic exhibits to enhance the written text and clarify the
proposed project's environmental impacts. Using state-of-the-art computer
design equipment and techniques, our in-house graphic design team will create
professional quality, black and white or full color exhibits, dividers and covers
for the EIR and Appendices. All exhibits will be 8V2" x 11" or 11" x 17" in size,
3.0 DRAFT EIR 3.1 ADMINISTRATIVE DRAFT EIR
8 Project Understanding
PFScope of Work
CONSULTING
City of Proposal to Prepare EIR
San Rafael San Rafael Corporate Center Phase II
RBF will respond to one complete set of written City comments on the
Administrative Draft EIR RBF will prepare a "screen check" Draft EIR with all
the changes highlighted to assist with the final check of the document.
Five copies of the Administrative Draft EIR and two copies of the "screen check"
Draft EIR will be provided to the City.
3.2 COMPLETION OF THE DRAFT EIR
RBF will respond to comments on the "screen check" Draft EIR (anticipated to
only require editorial or other "non -substantive" changes) and will produce the
Draft EIR for the required 45 -day public review period. If requested by the City,
RBF will also prepare a Notice of Completion (NOC) for submittal to the Office
of Planning and Research (OPR) and distribution to the public.
RBF will provide 50 copies of the Draft EIR to the City, along with a camera-
ready original for reproduction and an electronic copy.
4.0 FINAL EIR 4.1 RESPONSE TO COMMENTS/ADMINISTRATIVE FINAL EIR
City of San Rafael staff will provide RBF with one complete set of comments on
the Draft EIR, Upon review of the comments, RBF will meet with the City staff
to discuss them and agree upon strategies to respond to key comments.
Following the meeting with the City, RBF will respond to all comments received
on the Draft EIR during the 45 -day public review period, and any additional
comments raised during public hearings. RBF will prepare thorough, reasoned
and sensitive responses to relevant environmental issues. RBF assumes that no
new analysis will be required to respond to public comments. RBF will prepare
an errata, if required, to summarize changes necessary to the Draft EIR derived
from written responses to comments. To facilitate City use of the errata, RBF
will indicate Draft EIR changes with bold and underline textb( old, underline)
for text additions and strike out (c'��;n) for any deleted text. This task
includes written responses to both written and verbal comments received on the
Draft EIR (including review of hearing transcripts, as required). A draft
Response to Comments document will be prepared for review by City staff (one
review cycle is anticipated). RBF has allocated 100 hours of professional and
technical staff time for the completion of this task.
Five copies of the Administrative Final EIR will be provided to the City.
4.2 FINAL EIR
The Final EIR will consist of a list of people and public agencies commenting on
the Draft EIR, the comment letters received, an errata (if needed) to summarize
changes to the Draft EIR, written Responses to Comments and a mitigation
monitoring and reporting program (refer to Task 4.3, below). If requested by the
City, RBF will also prepare a Notice of Determination (NOD) after project
approval/denial and deliver it to the County Clerk.
9Project Understanding
Scope of Work
CO N8I1lTIN�
City of Proposal to Prepare EIR
San Rafael San Rafael Corporate Center Phase II
RBF will provide the City with 50 copies of the Final EIR, along with a camera-
ready original for reproduction and an electronic copy.
All mapping, exhibits, summary tables, and draft documents will become the
property of the City upon completion of the Final EIR. RBF will provide the
document(s) on a computer disc compatible with the City's word processing
program.
4.3 MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
To comply with Public Resources Code Section 21081.6, RBF will prepare a
mitigation monitoring and reporting program (MMRP) for adoption by the City
at the time of project approval. The body of the MMRP will be in a table format.
RBF will work with City staff to identify the mitigation monitoring
steps/procedures to ensure that mitigation measures are implemented as intended
The MMRP will describe the authority for the MMRP, the mitigation measures
to be implemented, as amended in the errata for the Final EIR, the timing for
implementation of the measures and the agency or department responsible for
their implementation. The MMRP will also include a column to verify (via
documentation or field checks, for example) implementation of the measure, date
of verification, and pertinent remarks.
5.0 PROJECT 5.1 PROJECT COORDINATION
COORDINATION
AND MEETINGS RBF will establish a communication link with City staff in order to maintain an
orderly flow of'communication and coordination. Ms. Kristie Wheeler will be the
day-to-day contact with the City.
Regular correspondence between RBF and the City of San Rafael will help the
Planning Division track the progress of the Ea Project coordination will
include telephone communications, in-person meetings, and e-mail
correspondence between the City and the RBF team.
5.2 MEETINGS
RBF will attend coordination meetings with City staff and public hearings with
the Planning Commission and City Council. A maximum of seven meetings are
included in this Scope of Work as follows:
■ Meetings with City staff— four two-hour meetings
■ Planning Commission meetings — two four-hour meetings
■ City Council meetings — one four-hour meeting
If requested, additional meetings may be attended on a time and materials basis at
the direction and/or with the approval of City staff.
6.0 DELIVERABLES
FWF
10 Project Understanding
Scope of Work
CC N6 ULTI NG
City of Proposal to Prepare EIR
San Rafael San Rafael Corporate Center Phase II
RBF will provide the City with the following number of copies of the
deliverables:
■ Draft Project Description: one camera-ready original for reproduction and an
electronic copy
• Notice of Preparation and Initial Study: one camera-ready original for
reproduction and an electronic copy
■ Administrative Draft EIR: five copies
■ "Screen Check" Draft EIR: two copies
■ Draft EIR: 50 copies, one camera-ready original for reproduction and an
electronic copy
■ Notice of Completion: one camera-ready original for reproduction and an
electronic copy
■ Administrative Final EIR/Response to Comments: five copies
■ Final EH?/Response to Comments: 50 copies, one camera-ready original for
reproduction and an electronic copy
• Mitigation Monitoring and Reporting Program: 20 copies, one camera-ready
original for reproduction and an electronic copy
■ Notice of Determination: one camera-ready original for reproduction and an
electronic copy
11 Project Understanding
Scope of Work
CONSULTING
San Rafael Corporate Center Phase II
Fee Estimate
FMF
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TASKS
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8
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