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HomeMy WebLinkAboutCC Resolution 11870 (EIR Services; LSA Associates)RESOLUTION NO. 11870 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH LSA ASSOCIATES, INC. FOR ASSISTANCE NEEDED TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE LINCOLN AND MISSION RESIDENTIAL CONDOMINIUM PROJECT (Term of Agreement: from December 20, 2005 to December 19, 2006, for an amount not to exceed $98,297.00) WHEREAS, the City of San Rafael requires the services of a qualified environmental consultant to prepare an Environmental Impact Report for a proposed 36 -unit condominium development proposed for property located at 1203-1211 Lincoln Avenue. The 29,621 square foot site is currently occupied by 24 apartment units and a single-family residence. All existing structures are to be demolished to accommodate construction of the proposed five -story condominium development. WHEREAS, LSA Associates, Inc. has prepared a proposal for services to prepare the environmental document for the project, which is provided as Exhibit "A"; and WHEREAS, the proposal for services includes a not -to -exceed budget of $98,297.00, 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 0 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 LSA Associates, Inc., as attached. 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: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEkNNE M. LEONCINI, City Clerk PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR PREPARATION OF AN ENVIVIRONMENTAL IMPACT REPORT FOR THE LINCOLN AND MISSION RESIDENTIAL CONDOMINUM DEVELOPMENT This Agreement is made and entered into this 19t' day of December 2005, by and between the City of San Rafael (hereinafter "CITY"), and LSA Associates, Inc. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR has submitted its proposal for the performance of services, which is attached hereto and incorporated by reference herein as Exhibit A; 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: PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. Principal Planner, Bill Meeker 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. Lynette Dias, Principal 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 Lincoln and Mission Residential Condominiums EIR — Scope of Work and Budget, attached hereto and incorporated herein as Exhibit A. B. Commencement. CONTRACTOR agrees to commence work immediately after the date of signing this contract. C. Completion. Tasks described in Lincoln and Mission Residential Condominiums EIR — Scope of Work and Budget shall be completed as set forth in the schedule outlined in Lincoln and Mission Residential Condominiums EIR — Scope of Work and Budget, attached and incorporated by reference herein, as Exhibit A. 1 DUTIES OF CITY. CITY shall perform the duties and/or provide services as outlined in Lincoln and Mission Residential Condominiums EIR — Scope of Work and Budget, attached and incorporated herein, as Exhibit A. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an amount not to exceed $95,007 based upon the budget shown in Lincoln and Mission Residential Condominiums EIR — Scope of Work and Budget, to be compensated on a time and material basis. Payment will be made upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. CITY will pay CONTRACTOR within 30 -days of receipt of invoice. TERM OF AGREEMENT. The term of this Agreement shall be for one (1) year commencing on December 20, 2005 and ending on December 19, 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. 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. CONTRACTOR shall be relieved of any and all liability associated with CITY's use of such property, other than as intended. 2 S. 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. 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: 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 performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by Section 10. A. shall also meet the following requirements: 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. 3 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to City's Risk Manager. 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. 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, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 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 from the negligent acts, errors or omissions 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 WITH ALL LAWS. CONTRACTOR shall observe and comply with all 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. 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: Lynette Dias Project Director LSA Associates, Inc. 2215 Fifth Street Berkeley, CA 94710 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. 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. 5 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 94-2341614, and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 22. APPLICABLE LAW. The laws of the State of California 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 RAFAEL ZN,�& �1RDHOFF, Interim Cilil�✓Iagiager CONTRACTOR By: Name: Robert H. McCann Title: President ATTEST: City Clerk T. RAGA NTI, Oty Attorney EXHIBIT A: Lincoln and Mission Residential Condominiums EIR — Scope of Work and Budget, November 2005 (Revised January 9, 2006). EXHIBIT A LINCOLN AND MISSION RESIDENTIAL CONDOMINIUMS EIR Scope of Work and Budget (Revised January 9, 2006) L S A January 2005 SCOPE OF WORK LINCOLN AND MISSION RESIDENTIAL CONDOMINIUMS EIR This scope of work and budget are a response to the City of San Rafael's request for a consultant to prepare an Environmental Impact Report (EIR) for the Lincoln and Mission Residential Condominiums project (project). The following discussion details LSA's understanding of the proposed project, provides a brief description of our project team, outlines the work program that we will undertake, and provides a preliminary schedule and cost estimate. The EIR will be prepared pursuant to CEQA section 21083.3. This section permits an EIR to be prepared that analyzes only the "effects upon the environment which are peculiar to the parcel or to the project and which were not addressed as significant effects in the prior environmental impact report, or which substantial new information shows will be more significant than described in the prior environmental impact report." Such an EIR may only be prepared when a project is consistent with the zoning regulations or General Plan of an agency, and the zoning regulations or General Plan were the subject of a certified EIR. Because the proposed project is consistent with the General Plan designation for the project site (High Density Residential) and an EIR was certified for the San Rafael General Plan, the proposed project is eligible for the limited environmental review described in section 21083.3. A. PROJECT UNDERSTANDING The project site is located near downtown San Rafael at 1203 and 1211 Lincoln Avenue, at the intersection with Mission Avenue. The site is approximately 29,621 square feet (approximately 0.7 acres) and is surrounded by multi -family residential uses and commercial uses. Lincoln Avenue and Mission Avenue are two major thoroughfares in San Rafael. The project site currently contains two structures: 1203 Lincoln Avenue is a former motor court (constructed in 1937) that contains 24 apartment units; the property at 1211 Lincoln Avenue is a single-family residence that is thought to have been constructed in 1907. As part of the proposed project, the two structures located within the project site would be demolished. These existing uses would be replaced with a five -story condominium complex containing 36 units. The project would include 56 on-site parking spaces in a ground -level parking garage. The garage would be accessed from Lincoln Avenue. The architecture of the proposed condominium project would feature Mission Revival elements, including arches, clay tile roofs, and stucco siding. The building would also contain an interior courtyard. The City prepared an Initial Study/Mitigated Negative Declaration for the proposed project in the summer of 2005. A historical resources evaluation prepared by Page and Turnbull for the two existing structures on the site indicated that these buildings are considered historic resources pursuant to CEQA. Based on this finding, and the desire for a more comprehensive environmental evaluation, the City subsequently determined that an EIR is the appropriate document to analyze the environmental effects of the proposed project, pursuant to CEQA. 0 NROPOSAU05059-LI-1—d Mission Cood—ii—P,oj¢tMt.visad S,op,1.9.06.d.(1/9/2006) LSA ASSOCIATES. INC. JANUARY 2006 SCOPE OF WORK LINCOLN AND MISSION RESIDENTIAL CONDOMINIUMS EIR The project applicant is seeking the following entitlements as part of the project: 1) Environmental and Design Review Permit to demolish existing buildings within the project site and to construct the condominium building; 2) a Vesting Tentative Map to permit the construction of a 36 -unit condominium building; and 3) a Use Permit for a height bonus (for affordable housing) that will allow the height of the project to exceed 36 feet. B. PROJECT TEAM LSA will serve as the prime consultant, providing overall project management and maintaining close contact with the City throughout the environmental review process. Our in-house technical staff will Table 1: Work Program Summary address all of the needed topical analyses (with the exception of the visual simulations). We will also TASK A. STARTMEETINGS attend all meetings with City staff and other involved TASKB. SITEVISIT agencies/parties. TASK CC. BASE MAP PREPARATION TASK D. DATA GATHERING AND EVALUATION The LSA team will be directed by Lynette Dias, Principal, who will be assisted by Adam Weinstein, Senior Planner. Lynette will oversee project management, and ensure that all tasks are completed in an efficient, cost-effective and timely manner. Adam will assist Lynette in day-to-day project management, including coordination of our in-house staff and our subconsultants. Other LSA staff who will work on this project include: • Amy Fischer, Senior Planner, will prepare the air quality and transportation analyses. • Christian Gerike, Principal, will oversee the archaeological resources evaluation. TASK E. NOTICE OF PREPARATION TASK F. PREPARE PROJECT DESCRIPTION TASK G. SCOPING SESSION TASK H. SIGNIFICANCE CRITERIA TASK L SETTING, IMPACTS AND MITIGATION MEASURES 1. Land Use and Planning Policy 2. Traffic and Circulation 3. Air Quality 4. Noise 5. Cultural Resources 6; Visual Resources TASK J. CUMULATIVE AND GROw rH INDUCING IMPACTS TASK K. ALTERNATIVES TASK L. CEQA CONCLUSIONS TASK M. PREPARE ADMINISTRATIVE DRAFT EIR TASK N. PREPARE SCREENCHECK DRAFT Ent In addition, we will be supported by Andrew TASK O. PREPARE PUBLIC REVIEW DRAFT EIR McNichol, who will prepare visual simulations of the TASK P. PREPARE RESPONSES TO COMMENTS DOCUMENT project. Andrew is an experienced graphic artist with TASKQ• MITIGATION MONITORING AND REPORTING PROGRAM experience creating massing models and architectural TASK R. PUBLIC HEARINGS, MEETINGS, AND PROJECT renderings, and preparing visual analyses. MANAGEMENT LSA is committed to working closely with City staff to facilitate the environmental documentation and planning process. Our proposed work program includes several team meetings, in addition to opportunities to meet with other agencies, as appropriate. LSA could also be available to assist in the preparation of staff reports, resolutions, findings, and other planning documents, if requested by City staff. C. PROPOSED WORK PROGRAM This section details the work program that LSA will undertake to complete an EIR to evaluate the physical effects of the proposed project. Table 1 provides a summary of the proposed work program. O.NROPOSAU05059-Linculo wd Missive CondominiumPrjaNlevud_Swpel-9-06.d=(1/9/2006) LSA ASSOCIATES. INC. JANUARY 1006 TASK A. START-UP MEETING SCOPE OF WORK LINCOLN AND MISSION RESIDENTIAL OONDOMINIUMS EIR LSA will meet with City staff to discuss expectations regarding the tasks to be undertaken as part of the environmental documentation effort, the methodology of the analysis, and anticipated findings. Our proposed budget allocates time for LSA to attend one start-up meeting. TASK B. SITE VISIT As one of the initial steps in this scope of work, LSA will undertake a site visit with as many members of our project team as possible. We find this task useful as a way to better understand the site and its surroundings, share observations, and make sure that all potential environmental issues will be completely covered in the EIR. TASK C. BASE MAP PREPARATION A base map of the project site and vicinity will be prepared by LSA based on materials submitted by the project applicant. The project site base map will be used to illustrate street/highway and lot layouts in the vicinity of the project site, the project site's relationship to surrounding blocks, surrounding land uses, and General Plan and zoning designations. The base map will also be available to City staff for use during meetings and presentations. TASK D. DATA GATHERING AND EVALUATION Existing data and analyses applicable to the project site and vicinity will be collected and evaluated. At this point, we expect that the City will have supplied us with all the completed technical reports for the project, including the Illingworth and Rodkin noise analysis and the W -Trans traffic report. As part of this task, LSA will contact responsible or potentially -affected agencies to identify concerns about the proposed project and to clarify the scope of the analysis that will be desired by these agencies. TASK E. NOTICE OF PREPARATION LSA will prepare and distribute a Notice of Preparation (NOP). As part of this task, we will ask the City to provide a mailing list that LSA will use to send out the NOP. Following the 30 -day NOP review period, LSA will review all comments received on the NOP. Recommendations regarding scope and budget refinements will be made, as appropriate. TASK F. PREPARE PROJECT DESCRIPTION LSA will prepare the project description based on application materials, the already -prepared Initial Study and discussions with City staff. This document will include a description of the project site and vicinity (including existing structures within the site), project objectives, details of the proposed project, the approval process, and development schedule. A draft of the project description will be submitted to the City for review and comment prior to undertaking any impact analysis. O \PROPOSAU05059-Lincoln sod Mission Condominium psaj=\Rcvism Smpel-9.06 doc (11911006) LSA ASSOCIATES, INC. JANUARY 1006 SCOPE OF WORK LINCOLN AND MISSION RESIDENTIAL CONDOMINIUMS EIR TASK G. COUNCIL MEETING (CONTRACT ADOPTION) LSA will attend a City Council meeting to adopt the proposed contract. At this meeting, LSA will also transcribe verbal comments about the scope of the EIR. These comments will be reviewed to ensure the scope of the EIR is adequate. TASK H. SIGNIFICANCE CRITERIA LSA will develop a list of significance criteria for confirmation by the City prior to undertaking any impact analysis. The draft significance criteria will include proposed criteria for each topical issue to be addressed in the EIR. TASK I. SETTING, IMPACTS AND MITIGATION MEASURES Documentation of the environmental setting, impacts, and mitigation measures for each of the issue areas described below will be incorporated into the EIR. LSA will provide a discussion of any of the topics that are focused out in the CEQA conclusions section of the EIR (see Task J, CEQA Conclusions). This analysis will clearly describe the affected environment and the environmental consequences of the proposed project. Where relevant, impacts will be separately identified by their occurrence during either the construction or operation periods. A set of feasible mitigation measures (as well as the residual impacts or effects of each measure) will be identified. 1. Land Use and Planning Policy The project site is designated for high density residential uses in the General Plan and zoning ordinance. This designation allows for the development of 29 residential units on the project site; with the State -mandated density bonus for affordable housing, 36 residential units (the number of units that would be developed as part of the project) could be developed on the site. Because the project site is located at an interface between downtown San Rafael and a single-family residential neighborhood, there is concern that the proposed project will adversely affect surrounding land uses. In order to evaluate these claims, LSA will map and describe current land uses within the project site, and land uses surrounding the project site based on information provided by City staff. The Land Use and Planning section of the EIR will also describe the site in the context of City-wide land use patterns and historic land uses. LSA will then evaluate the compatibility of the proposed project with local land uses. This analysis will take into account several factors, including anticipated development around the site, the land use effects of a continuance of existing conditions, the City's General Plan policies, and the distribution of housing in the City. Although policy conflicts are not considered to be significant environmental impacts in and of themselves, we find that a concise policy analysis is useful in assisting decision -makers when they evaluate the impacts of a project. A policy analysis can also help citizens understand how a project fits into the overall planning context of a city. This section of the EIR will evaluate the consistency of the proposed project with adopted planning and regulatory policies, including the General Plan, zoning ordinance, and the California Density Bonus law. LSA staff will work closely with City staff to prepare a summary of applicable plans and policies as they relate to the proposed project and will describe the project's relationship to these plans and policies. Where appropriate, the policy O.�PROPCSAU➢5059-liomW and Afiuion Condaninium Pr JalVteviwl Scopel•9-06.dot (IM/]006) 4 LSA ASSOCIATES. INC. JANUARY 5006 SCOPE Of WORK LINCOLN AND MISSION RESIDENTIAL CONDOMINIUMS EIR consistency discussion will be cross-referenced to other topical sections of the EIR (e.g., the air quality and visual resources sections). 2. Traffic and Circulation As discussed in the Initial Study, the project is not expected to generate a substantial number of peak trips. W -Trans prepared a memo dated July 1, 2005 that details trip generation and distribution at the project site. However, the W -Trans memo does not include an analysis of project impacts to surrounding roadways and intersections, detailed site access issues, or parking. LSA will prepare the transportation and circulation section of the EIR through completion of the following tasks, as requested by the City's traffic engineer: • Identify potential project impacts on Laurel Avenue and Nye Street. • Review W -Trans memo to confirm trip generation and distribution. • Describe existing egress and ingress within the project site. • Determine the project's trip distribution based on two alternate circulation designs (Lincoln Avenue access only, and driveways on both Mission Avenue and Lincoln Avenue). • Analyze the safety and operational impacts of two alternate circulation designs. • Collect AM and PM turning movement counts (including pedestrian and bike movements) at the intersections of Mission Avenue and Nye Street; Nye Street and Laurel Avenue; and Laurel Avenue and Lincoln Avenue. • Identify impacts resulting from the project on signalized intersections in the area bounded by Lincoln Avenue, Irwin -Street, Mission Avenue, and 2nd Street. • Identify average daily traffic levels on Nye Street between Mission Avenue and Laurel Avenue; and Laurel Avenue between Nye Street and Lincoln Avenue. Discuss the effects of the project on average daily traffic levels. • Evaluate whether proposed parking would be adequate to satisfy the demand of proposed uses. • Evaluate access to the site based on alternative designs. • Identify mitigation measures and recommendations to address level of service deficiencies and/or safety concerns. This scope of work is based on the assumption that City will review the traffic data, incorporate it into the City model, conduct an intersection and arterial LOS analysis, and analyze the project under baseline and 2020 cumulative conditions. The traffic and circulation analysis will take into account traffic generated by approved (but not yet constructed) projects and pending projects in the vicinity of the site. 3. Air Quality LSA will prepare a brief Air Quality section for the EIR that focuses on construction -related air quality impacts and necessary mitigation measures. The section will not include a detailed project - specific analysis pursuant to Section 21083.3 of the CEQA statutes; instead it will provide a summary of the analysis completed in the City's General Plan EIR. 0 )PROPOSALM059-U.ml. wd Mi.,i.. Cw&.i ti— Proj.tWevum S.*P,1-9-06.dx (1/9/2006) LSA ASSOCIATES, INC. SCOPE OF WORK JANUARY 7006 LINCOLN AND MISSION RESIDENTIAL CONDOMINIUMS EIR 4. Noise LSA will prepare the noise section of the EIR using the noise impact assessment prepared by Illingworth and Rodkin. This chapter will include a discussion of existing noise conditions, an analysis of the effects of increased noise generated by the project (including the construction period), and an evaluation of the effects of the existing noise environment on proposed residential uses, It is assumed that no new quantitative analysis will be required of either existing noise conditions in and around the project site, or noise conditions that would result from implementation of the proposed project. 5. Cultural Resources Based on the Page and Turnbull report, the two existing structures within the project site are considered historic resources pursuant to CEQA. Therefore, demolition of the structures would result in a significant unavoidable environmental effect. LSA will draft a cultural resources section based, in part, on the existing Page and Turnbull report. Because the Northwest Information Center recommended that a qualified archaeologist conduct further archival and field studies to identify archaeological resources within the site, LSA will supplement the Page and Turnbull analysis with a cultural and paleontological archival and field study. The purpose of the study will be to identify archaeological and paleontological resources within the project site. As part of this task, LSA will conduct a records search, background research, and field survey, and will contact Native American organizations and other historic agencies that may have knowledge of historic and prehistoric resources within the project site. Our proposed budget assumes that no previously unidentified resources are located within the project site that would require evaluation. 6. Visual Resources Construction of a five -story building within the project site will change the visual character of the street and neighborhood. Residents in the vicinity of the site will likely be concerned about the visual implications associated with the replacement of a single -story buildings with a five -story building. LSA will evaluate the proposed project's potential impacts on visual resources, including the aesthetic quality of the site and its surroundings. LSA will document existing visual conditions at and in the vicinity of the project site. To better illustrate the visual effects of the project, Andrew McNichol will prepared three visual simulations of the proposed project. The visual simulations will show "before" and "after" (project implementation) views of the project site, LSA will incorporate these simulations into the visual resources section of the EIR. The evaluation will address a variety of visual and aesthetic issues, including project visibility from key public viewpoints, potential view blockage, light and glare, and consistency with public plans and policy regarding visual/urban design quality. Potentially significant visual impacts will be identified and mitigation measures will be recommended, as appropriate. TASK J. CUMULATIVE AND GROWTH INDUCING IMPACTS Section 21083.5 requires that E1Rs prepared pursuant to the section include an analysis of cumulative impacts of the project not discussed in the prior General Plan EIR. These impacts would be caused by the project in conjunction with other foreseeable projects. In addition to cumulative impacts, the potential growth inducing effects of the proposed project will also be evaluated. Because the proposed project would be located on an infill parcel in an already -developed neighborhood of San 0 IPROPOSALI05059-U-1.and W.i. Conch in(wn ProjWVicv(sd Scopel-9-06 d. (1/9/3006) LSA ASSOCIATES. INC. JANUARY 2006 SCOPE OF WORK LINCOLN AND MISSION RESIDENTIAL CONDOMINIUMS EIR Rafael, significant growth -inducing impacts are not anticipated. Such impacts will be discussed in the context of existing and proposed development in San Rafael. TASK K. ALTERNATIVES LSA will include a discussion of alternatives based on the General Plan EIR. Pursuant to section 21083.3 of the CEQA statutes, LSA will not prepare a comprehensive analysis of alternatives specific to this project. TASK L. CEQA CONCLUSIONS LSA will prepare the appropriate conclusions to fulfill CEQA requirements by providing assessment of several mandatory impact categories including: • Unavoidable significant environmental effects; • Significant irreversible environmental changes that would be caused by the proposed project, if implemented; and • Relationship between short-term and long-term uses of the environment. This section will include brief discussions on each of the topical sections for which a separate EIR section was not prepared (e.g., population and housing, agriculture resources, biological resources, geology and soils, hazards and hazardous materials, mineral resources, public services and utilities, and recreation). The substance of the effects found not to be significant discussion will be derived mainly from the Initial Study. TASK M. PREPARE ADMINISTRATIVE DRAFT EIR The information developed in Tasks F through L will be organized into an Administrative Draft EIR (ADEIR). Five (5) copies of the ADEIR will be submitted to City staff for review and comment. TASK N. PREPARE SCREENCHECK DRAFT EIR Working from a single set of consolidated and non -contradictory comments provided by City staff, LSA will amend the EIR. Two (2) copies of the Screencheck Draft EIR will be provided to verify that all requested changes have been made and all appendix materials, references, and final graphics are acceptable. TASK O. PREPARE PUBLIC REVIEW DRAFT EIR Fifty (50) hard copies and five (5) CD-ROMs of the public review Draft EIR will be produced for public distribution. LSA will also prepare a Notice of Completion, and will distribute the notice and EIR to parties on the City's mailing list. TASK P. PREPARE RESPONSE TO COMMENTS DOCUMENT Following public review of the Draft EIR, the LSA team will formulate response to comments on the document. The attached budget assumes that LSA will respond to a moderate number of comments. The provision of responses to additional public comments will be completed on a time -and -materials basis. 0:TROPOSAU05059.Unwln and NWan Condombd= Pr jm\Rc iscdScopcI-9-0d.dx (1!9/2006) LSA ASSOCIATES, INC. SCOPE OP WORK JANUARY 1006 LINCOLN AND MISSION RESIDENTIAL CONDOMINIUMS EIA Five (5) copies of the Administrative Draft Responses to Comments (RTC) Document will be provid- ed to the City. Working from a single set of consolidated and non -contradictory comments, LSA will amend the RTC Document and prepare a Screencheck version. Two (2) copies of the Screencheck version of the RTC Document will be provided to verify that all requested changes have been made and all appendix materials, references, and final graphics are acceptable. Fifty (50) copies of the RTC Document will be prepared for public distribution and review. The RTC Document will consist of an introduction outlining the EIR purpose and contents, the environmental review process, any necessary revisions to the Draft EIR, and copies of comments with responses following each letter or transcript. TASK Q. MITIGATION MONITORING AND REPORTING PROGRAM LSA will prepare a Mitigation Monitoring and Reporting Program (MMRP). Five (5) copies of the Mitigation Monitoring and Reporting Program will be submitted to City staff as an administrative draft for review with the Administrative RTC Document. Once comments are received from City staff, a final NIlVIRP will be prepared. TASK R. PUBLIC HEARINGS, MEETINGS, AND PROJECT MANAGEMENT Lynette Dias and Adam Weinstein will be available to attend all public hearings and meetings associated with the proposed project and the EIR. Our budget anticipates a total of two public hearings (8 hours each, including time, materials, and preparation) and three meetings with City staff and/or the project applicant (5 hours each, including time, materials, and preparation). Attendance at additional meetings will be billed on a time and material basis. In addition, this budget includes time for general project management and administrative tasks, such as regular communication with the City and coordination with the technical staff. D. PROJECT SCHEDULE A preliminary work schedule for preparation and completion of the EIR is shown in Table 2. According to this schedule, LSA will provide City staff with an Administrative Draft EIR approximately 5 weeks after receiving authorization to proceed on the environmental documentation. The EIR process will be complete within an estimated 4 months of authorization to proceed. E. PRELIMINARY COST ESTIMATE For completion of the work program set forth above, LSA proposes a total budget of $93,227. This budget would be billed on a time and materials basis. A detailed budget is provided in Table 3. 0 1PROPOSAL105059-Unwin and h0ssiun Omdominiom Pm1a1V4viscdS=pel-9-06.dm (IIW2006) LSA ASSOCIATES. INC. JANUARY 7006 Table 2: Proposed Schedule Milestone Authorization to Proceed Prepare Administrative Draft EIR Review of Administrative Draft EIR Screencheck Draft EIR Review of Screencheck Draft EIR Prepare, Reproduce and Distribute Draft EIR Public Review Period Public Hearing on Draft EIR Administrative Responses to Comments Document Review of Administrative Draft Responses to Comments Document Reproduce and Distribute Final Responses to Comments Document (Final EIR will be available) SCOPE OF WORK LINCOLN AND MISSION RESIDENTIAL CONDOMINIUMS SIR Responsible Cumulative Party Duration Weeks City oho 0 0 0'0 0 o ho 0 0 0 0 0 0 0 0 0 0 0 0 0 0 e Imol Uloa•( w w .� N w M b N N O. e.f .� �• V1 r.f V1 Q r.1 Q O O www w w wwwwwwwwwN�w wwwwwo0 w e e eo e e n n n NN000r.on N ryry n n � .w m y H N H a N N a N N n uoponpaajsoiydui!) 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