HomeMy WebLinkAboutCC Resolution 9847 (Fair, Isaac Office Park)RESOLUTION NO. 9 8 4 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ACCEPTING THE PROPOSAL AND AUTHORIZING THE EXECUTION OF
AGREEMENT WITH ROBERT BEIN, WILLIAM FROST AND ASSOCIATES,
INC. (RBF) FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT
REPORT FOR THE FAIR, ISAAC OFFICE PARK DEVELOPMENT
The City Council of the City of San Rafael finds and determines that:
WHEREAS, the City of San Rafael has received applications for the Fair, Isaac
Office Park, a development of 406,000 square feet of office park on 15 acres located
south of Downtown San Rafael; and
WHEREAS, consistent with the California Environmental Quality Act (CEQA),
and Initial Study was prepared concluding the project has the potential to result in
significant environmental effects. The Initial Study recommends the preparation of an
Environmental Impact Report (EIR). A Notice of Preparation was distributed permitting
a 30 -day public review of the Initial Study; and
WHEREAS, following public review of the Initial Study, RBF, environmental
consultants, prepared a detailed proposal for services to prepare an EIR on this project.
The proposal for services outlines the scope, costs and schedule for preparing an EIR for
this project. The budget for EIR preparation is set at a not -to -exceed amount of
$236,784.00, inclusive of a contingency fee in the amount of $19,050.00; and
WHEREAS, the proposal for environmental consulting services has been
reviewed and recommended for approval by City Staff.
THEREFORE, BE IT RESOLVED that the City Manager is authorized to
execute, on behalf of the City of San Rafael, a Professional Services Agreement with
Robert Bein, William Frost and Associates, Inc. (RBF) for said project, in the form
attached as Attachment "A".
I, JEANNE M. LEONCINI, clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted a regular meeting of
the City Council of said City held on Monday, the nineteenth of May 1997, by the
following vote, to wit:
AYES COUNCILMEMBERS : Cohen, Heller, Miller, Phillips & Mayor
NOES. COUNCILMEMBERS : None Boro
ABSENT: COUNCILMEMBERS : N r
MkLONC1Nr1,Cityy Clerk
PROFESSIONAL SERVICES AGREEMENT
WITH ROBERT BEIN, WILLIAM FROST AND ASSOCIATES FOR THE
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE
FAIR, ISAAC OFFICE PARK DEVELOPMENT
This Agreement is made and entered into this nineteenth day of May 1997, by and
between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Robert Bein, William
Frost and Associates (RBF) (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, CITY, in 1996, selected and hired an environmental consultant for
the planned Fair, Isaac Office Park development and the neighboring Mahon Creek
Restoration - Conceptual Plan project. The selection was based on a City -sponsored
"Request for Qualifications" and interview process; and,
WHEREAS, CONTRACTOR has submitted its proposal for the environmental
consulting services, which is attached as EXHIBIT "A" and incorporated by reference
hereto; and
WHEREAS, CITY desires to retain CONTRACTOR to perform professional
services necessary to render advice and assistance to the CITY, CITY's Planning
Commission, City Council and staff in the pre -application and initial study phases of the
project ; 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, the parties hereby agree as follows:
DEFINITIONS.
The following definitions shall apply to the terms, except where the context of this
Agreement otherwise requires:
a) Project. The project involves the development of a 406,000 square foot
office park on 15 acres (former PG & E Service Center site and City of San
Rafael Corporation Yard) located south of the Downtown San Rafael area.
CoC�°
The project includes the development of five 3-4 story office buildings, two
3 -level parking structures, associated surface parking and landscaping, the
widening of Second Street for the width of the property frontage and the
undergrounding of some of the overhead utilities.
b) Services. Such professional services as are necessary to be performed by
CONTRACTOR in order to prepare an environmental impact report for
the project, consistent with the guidelines and statutes of the California
Environmental Quality Act.
C) Commencement of Services. CONTRACTOR agrees to commence work
upon execution of this agreement.
d) Comoletion of Services. The date of completion of all phases of work,
including any and all procedures, maps, surveys, and attendance by
CONTRACTOR at public hearings regarding the project as set forth in the
Schedule outlined in EXHIBIT "B", attached and incorporated by
reference herein.
2. PROJECT COORDINATION.
A. CITY. The City Manager shall be the representative of the CITY
for all purposes under this Agreement. The Planning Director 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. CONTRACTOR shall assign a single PROJECT
DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONTRACTOR. Laura Worthington -Forbes 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.
DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide services as
outlined in EXHIBIT "A", Proposal for Services, attached and incorporated herein.
4. DUTIES OF CITY.
CITY shall perform the duties as outlined in EXHIBIT "A", Proposal for
Services, attached and incorporated herein.
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5. COMPENSATION.
CITY shall pay CONTRACTOR a not -to -exceed amount of
$236.784.00, inclusive of a contingency fee of $19.050.00, to be compensated on a time
and material basis.
Payment will be made monthly upon receipt by PROJECT MANAGER of
itemized invoices submitted by CONTRACTOR.
6. TERM OF AGREEMENT.
The term of this Agreement shall be for twelve (12) months commencing
on May 19, 1997 and ending on ending on May 19, 1998. 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 of three (3) months.
7. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without
cause upon thirty (30) days written notice mailed or personally delivered to the other
path'.
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.
8. 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.
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9. 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.
10. 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.
11. 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 ($1,000,000) dollars 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 ($1,000,000) dollars per
occurrence;
3. 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($1,000,000) dollars 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 11. 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;
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3. 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 insured under the policies.
4. CONTRACTOR shall provide to PROJECT 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 insured under the policies.
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 PROJECT
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 PROJECT 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.
12. 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 acts or
omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers,
agents and employees in the performance of their duties and obligations under this
Agreement."
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13. NONDISCRMNATION.
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.
14. 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.
15. 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.
16. 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: Robert Pendoley, Planning Director
Planning Department
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
TO CONTRACTOR: Laura Worthington -Forbes
Robert Bein, William Frost and Associates
1754 Technology Drive, Suite 232
San Jose, California 95110-1308
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17. 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.
18. 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.
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.
19. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to
CONTRACTOR under this Agreement, any moneys which CONTRACTOR owes
CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees,
licenses, assessments, unpaid checks or other amounts.
20. 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
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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.
21. 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.
22. CITY BUSINESS LICENSE / OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this
Agreement, a CM 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 95-224-7293, and
CONTRACTOR certifies under penalty of perjury that said taxpayer identification
number is correct.
23. 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
City Manager
ATTEST:
A. cZ-
Clerk
91
CONTRACTOR
APPROVED A
Iled,
City Attorney
Professional
(5/2/97
EXHIBIT `A'
TASK 1: PREPARATION OF ADMINISTRATIVE DRAFT EIR
Pumose: To prepare a comprehensive and legally defensible EIR evaluating the potential
environmental impacts associated with the implementation of the Fair, Isaac Office Park
(Project).
Approach: 1. Project Description -- Incorporate (and revise as will be appropriate based on
completion of application filings and the change in EIR processing direction), the
project description developed for Phase I, based on information provided by the
City staff in conjunction with the Fair, Isaac Coordinating Committee, and
provided during project initiation. At minimum, (and as previously developed
as part of the Phase I effort), this section will include/(reference) the following:
Regional and local setting.
b. Site history.
Objectives of the project.
d. Project characteristics, including any discretionary actions required by
the City and important project features.
Intended uses of the EIR (as required by §15124 (d) of the State CEQA
Guidelines) including a list of responsible and other agencies expected to
use the EIR in decision making and a list of approvals for which the EIR
will be used.
2. Effects Found Not to be Significant — Describe effects found not to be significant,
in accordance with §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 Studv. For purposes of this scope of work
and budget, the following topics are assumed to be listed as effects found not to
be significant for the Fair, Isaac Office Park: agricultural resources; groundwater
supply; population and housing; energy and mineral resources; schools, regional
water treatment/distribution facilities, local/regional water supplies and cultural
resources. Following receipt of the NOP responses, RBF will review these
issues with the City to determine whether these issues need to be examined in the
EIR. Mandatory findings of significance in Public Resources Code §21083 and
Appendix I of the State CEQA Guidelines (Environmental Checklist Form,
Section XVI) shall be addressed.
3. Mitigation Measures -- A key element of this process is to propose actions that
can eliminate or reduce potentially significant effects. Mitigation measures will
be identified for each potentially significant/significant impact. Mitigation
measures will be as specific as possible and tied to performance standards, design
guidelines, implementation actions, General Plan policies, or other programs.
Such measures will be qualified where possible to provide an understanding of
the degree of reduction that can be accomplished for adverse impacts. Mitigation
measures will be grouped into categories as follows:
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Features that are presently part of the proposed actions.
Mitigation measures that could be incorporated into the Fair, Isaac Office
Park Plan, (or related projects, as appropriate) to reduce or eliminate
significant impacts.
4. Topical Areas to be Addressed -- Document baseline conditions, conduct project -
related and cumulative impact evaluations, and formulate mitigation measures.
Environmental impacts will be described and identified as either potentially
significant (but mitigatable), significant unavoidable impacts, less -than -significant
impacts, and where appropriate, beneficial impacts. Specific topical areas to be
addressed and the general approach and methodology to be used will be discussed
with the City staff. Prior to initiating work on this subtask, RBF will prepare
and submit a preliminary Introduction and Table of Contents to the City of San
Rafael Staff for approval. At minimum, the Scope of Work for specific topical
issues will include analysis of the following topical areas:
Land Use. ADulicable Plans. and Policies
This section will describe the setting in the project study area including
existing uses onsite, existing uses adjacent to the site and planned uses
in the project study area.
The project is envisioned to enhance the visual image of Downtown San
Rafael and provide a landmark development which creates a gateway
entrance to the downtown. The campus setting of the proposed Fair,
Isaac development is an addition to downtown and would provide a vital
transition to the Mahon Creek environs. RBF will evaluate the
appropriateness of the proposed uses in comparison to on-site and
surrounding uses. The analysis will include a compatibility review with
adjacent residential areas as well as Albert Park, the existing PG&E
Substation, the extension of Andersen Drive and other nearby Downtown
uses, especially the Fourth Street retail core. The project would provide
an additional influx of people adding vitality and activity to Downtown.
RBF will analyze the relationship of the project to all applicable
ordinances and planning policies. The ordinances and policies shall
include: 1) City of San Rafael General Plan 2000; 2) Our Vision of
Downtown San Rafael and Our Implementing Strategy (which has been
incorporated into the General Plan); 3) Downtown San Rafael Design
Policies and Guidelines; 4) City of San Rafael Zoning Ordinance; 5) The
Mahon Creek Restoration Conceptual Plan; and 6) Albert Park Master
Plan. RBF also intends to utilize information available from the public
scoping and NOP process to identify land use concerns and the potential
for public controversy.
The land use analysis will address the proposed Zoning amendments for
the Fair, Isaac Office Park Project. In addition the following
discretionary actions will be reviewed:
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b Approval of a Development Plan.
b Approval of a Tentative Subdivision Map (s) to allow for minor
land divisions and/or adjustment in parcel lines.
Approval of a Master Environmental and Design Review (Master
ED) Permit to provide comprehensive environmental clearance
for the overall project layout, maximum building square footage
(may be adjusted), footprint of the buildings, conceptual
landscaping and conceptual circulation plan.
Approval of a Development Agreement.
In addition RBF will review the intensification of uses on-site and
identify potential project and cumulative impacts to nearby residences.
The analysis will focus upon the integration of project uses in
consideration of "the big picture" which involves the development of a
handsome landmark development on the PG&E site, the establishment of
a visual gateway to the downtown, visual continuity with districts
contiguous to the Lindaro District and activities that compliment
Downtown services. It is anticipated that the proposed project would
infuse new vitality, activity and creativity as well as economic prosperity
to Downtown. Mitigation measures will be recommended to reduce
potential impacts to the extent feasible.
b. Biological Resources
(Refer to Attachment 2, H.T. Harvey for a revised fee estimate for this
task).
Site Reconnaissance: H.T. Harvey & Associates will conduct biological
reconnaissance -level field surveys of the project site and its immediate
vicinity. These surveys will supplement H.T. Harvey's review of
background materials and reports conducted under Phase I (including the
Final Wetlands Report, Mahon Creek Between 101 and "B" Street,
prepared by RMI, December 1996).
The biotic habitats of the project site will be surveyed and delineated on
a map of appropriate scale. The dominant tree, shrub, and herbaceous
flora will be described. This information will be generated both for the
purpose of characterizing the botanical resources of the site, but also for
the purpose of characterizing wildlife habitat values (see below).
Included in this task will be the identification of biotic habitats suitable
for the occurrence of plant species of special status (state and/or federally
threatened or endangered, federal candidate species, and California
Native Plant Society List 1B species). Species specific surveys for
special -status plants are not proposed at this time. Additional surveys
would need to be scoped and budgeted separately if our initial surveys
indicate that the site could support any potential special -status species.
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Robert Bein, William Frost & Associates
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The information generated by the habitat surveys described above will be
used to characterize wildlife habitat values. Reconnaissance level
surveys will also document general wildlife use of the site and habitats
immediately adjacent to it. Habitats appropriate for state and federally
listed threatened and endangered terrestrial vertebrate species, and other
such species of special status will be identified. These reconnaissance
surveys will be used to determine the suitability of the development sites
to support these species. Additional surveys may be recommended if
habitat suitable for special -status animal species is identified on the
project site, or, if, in the absence of such surveys, project impacts cannot
be adequately assessed.
H.T. Harvey & Associates will also conduct a reconnaissance -level
survey of those areas which may meet the technical criteria of Waters of
the United States (waters) and/or under the authority of the California
Department of Fish and Game (CDFG).
Preparation of ADEIR: H.T. Harvey & Associates will analyze the
elements of the proposed project in the context of the biotic resources of
the project site and vicinity and identify site specific and cumulative
impacts. Conformance to City policies and standards will also be
analyzed. Indirect effects will also be identified, in part by examining
the proximity of proposed development to biotic habitats, especially the
riparian corridor. Included in this analysis will be a discussion of short-
term and long-term effects of the project on biotic resources of the site,
as well as any significant irreversible environmental changes. H.T.
Harvey's biologists will identify all impacts as significant or less -than -
significant. The CEQA Guidelines, especially Appendix G, will be the
basis for determining whether a given impact is significant or not.
Project effects will be considered significant if: 1) the project will result
in a substantial reduction in wildlife populations of the site, and/or
regional biodiversity; 2) the project will adversely affect populations of
threatened and endangered species, or their habitat; 3) the project will
result in barriers to the movement of fish and wildlife.
Mitigation of all significant environmental effects on biotic resources of
the project site shall be proposed. There may also be other mitigations
warranted depending on the results of field surveys and the layout of the
Preliminary Site Plan. Mitigation, as it shall apply to a discussion of
how to ameliorate the significant effects of the project on biotic resources
on and off the project site, will include avoidance of the impact,
minimizing the impact by decreasing the magnitude of the action,
restoring the biotic resource to its former condition after the impact has
occurred, reducing or eliminating the impact over time by appropriate
preservation and maintenance operations during the life of the project,
compensating for the impact by replacing elsewhere those habitats or
those biota that have been adversely affected.
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The Biological Resources sections of the Administrative Draft
Environmental Report will be prepared. The report will include
summaries of pertinent information from previous biotic studies
(biological assessments, etc.) and validation of previous site-specific
biological resource conclusions. All phases of the project will be
considered in the evaluation of impacts on regional and site-specific
biotic resources. Significant environmental effects of the project,
significant environmental effects which cannot be avoided if the proposal
is implemented, and mitigation measures to minimize the significant
effects. A list of references and persons consulted will also be provided.
Meetings: One meeting by the managing biologist has been budgeted.
If attendance at additional meetings is required, the time would be
invoiced on a time and charges basis, with prior authorization by
RBF/City staff.
Geotechnical/Geoloev
Miller Pacific Engineering Group will provide geologic and geotechnical
services for this phase of the project. The following scope of work was
developed based on discussions with City staff and a comprehensive
review of background reports, previously prepared studies, and available
resources.
b The following significant geotechnical conditions and hazardous
will be analyzed: geologic setting, local site conditions, fault
rupture potential, seismicity, ground shaking, liquefaction
potential, ground failure (lurching and compaction settlement),
long term settlement, expansive soils, seiche and tsunami.
b Detailed site reconnaissance inspection.
b Review of the Preliminary Geotechnical Report prepared by
Harding Lawson, the report will be peer reviewed to determine
adequacy and sufficiently of the analysis. Recommendation to
modify the analysis will be provided (if appropriate) to ensure
that all geotechnical conditions are adequately addressed.
b Analysis and evaluation of geotechnical conditions and geologic
hazards to determine relative risk.
�J Develop recommendations for mitigation of the identified
potentially significant and/or significant hazards.
�J Prepare an Administrative Draft and Draft EIR section on Soils,
Geology and Seismicity. Deliverables will include the main text
in EIR format, a bibliography and appropriate illustrative maps
and drawings.
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b Attendance at meetings when requested.
d. Hvdrologv/Drainage
The scope of work has been developed to address peer review of the
surface hydrology impacts, quantity and quality, associated with the
project site development and the impacts to the adjacent flood control
channels/creeks, specifically Mahon Creek (as prepared by CSW/Stuber
Stroeh). These are the two primary hydrology issues associated with this
development project; surface hydrology and flood protection. Each issue
will require an independent analysis.
Task 1 - This task will include a comprehensive review of previous
engineering hydrology studies and drainage master plans which
specifically encompass or address the site (those studies not previously
provided during Phase 1). These include regional watershed studies and
local drainage studies for the surrounding municipal drainage systems.
Additional information to be reviewed during Phase II include historical
flooding records, FEMA studies, flood hazard maps, basin -wide
improvement plans, and regional flood control master plans. Peer
review of cut and fill calculations as well as pre- and post-drainage
calculations will be performed.
Task 2 - Review Conceptual Drainage Plan, Project Hydrology Analysis
and Evaluation of Impacts (prepared by CSW/Stuber Stroeh): Evaluate
the technical engineering analysis of the (1) existing and (2) development
condition surface hydrology for 15.1 -acre project site. The evaluation
will focus on the modeling of the surface hydrology and evaluating the
results for each condition. The assumptions utilized in the hydrology
analysis and the rainfall -runoff modeling techniques will also be
evaluated. Suggested recommendations for modifying the analysis will
be provided to enhance the applicability. RBF envisions this to be an
iterative process such that recommendations for modifications are made
directly to CSW/Stuber Stroeh to prevent any lapses in project schedule.
The results will then be evaluated to assess the surface hydrology impacts
for infiltration rates, peak runoff, runoff volume, and time of
concentrations.
Task 3 - Drainage Constraints and Facilities Map: Review the drainage
subareas and patterns based upon the (1) existing project watershed map
and (2) the developed condition with the proposed local storm drain
system and grading indicated on the plans or approved land use concept
provided by the Project Sponsor. Review the proposed facilities and
estimated sizes, and inlet surface interception locations. The existing
constraints map shall be reviewed to ensure that the existing floodplain
with estimated depths are identified, as well as drainage patterns, land
use, and hydrologic cover.
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Task 4 - Proposed Drainage Impacts and Preliminary Drainage Facility
Requirements: Review proposed recommendations regarding the
relationship of the project to the local and regional flood control
requirements. The evaluation will include review (and/or modifications
if appropriate) of the surface drainage system requirements for the
project site and maintenance of the regional flood protection requirements
so they are compatible with the previously adopted Master Plan of
Drainage. Review CSW/Stuber Stroeh preliminary estimate of the
hydraulic impacts to the downstream flood control facilities and adjacent
property owners, including adequacy of existing drainage facilities (e.g.
culverts under roadway). Additional drainage impacts to be reviewed
and evaluated for completeness/accuracy include impacts from the
proposed drainage facilities onsite, urban stormwater quality concerns,
sedimentation/ erosion concerns downstream, phasing, interim flood
control improvements, and maintenance. Mitigation measures for
drainage impacts will be reviewed, and/or modified (if appropriate).
Task S - Report Preparation: Prepare an administrative draft section of
the EIR summarizing the CSW Stuber Stroeh drainage assessment for the
project, particularly focusing on the (1) surface hydrology, (2) runoff
quantity and quality, (3) flood protection and drainage facility
requirements. The report shall include a comprehensive review of the
drainage constraints, offsite and onsite hydrology, flooding impacts and
mitigations, flood protection requirements, and offsite drainage impacts.
Transnortation/Circulation
Fehr & Peers Associates, Inc. will provide transportation, circulation and
parking analysis services for the proposed project. The following scope
of work was developed based on current discussions with City staff,
review of relevant, available background material and secondary review
of this Scope of Work by the Public Works Department staff on 3/18197.
Following City review and comment, the analysis has been modified to
include the following:
Travel Demand Forecasting: W -Trans has published preliminary
reports presenting AM and PM peak hour traffic analysis. Fehr
& Peers anticipates a need to update and refine this analysis as
the project description evolves.
Individual Intersection Analysis: The City has been using the
LOS software for calculating intersection levels of service at
signalized intersections.
b Arterial Analysis: The City has also been performing corridor
analysis using Transyt-7F along critical streets such as Second
and Third Streets, and Irwin and Hetherton Streets. This
analysis is critical because it will allow Fehr & Peers to assess
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traffic impacts on a system -wide level and because consistency
with the County CMP is required. They are anticipating a need
to update and refine this analysis.
�J Parking Analysis: Three types of parking analysis will be
required for this project. First, a parking demand analysis will
be required to determine if the project is providing sufficient
parking supply. Second, a review of parking operations will be
required to determine what types of measures will be taken to
restrict parking usage to people related to Fair, Isaac, how
visitors are accommodated, etc.. Third, a review of the parking
circulation and access will be required.
b Pedestrian Circulation Analysis: There are a number of
pedestrian issues related to access from parking areas to the
project site, but the most difficult pedestrian issue is likely to be
safe and convenient access from the site to the Downtown
Transit Center. For this study, pedestrian analysis should go
beyond the typical qualitative assessment to include estimates of
peak hour pedestrian flows, average wait times at signalized
intersections, likelihood and expected frequency of pedestrians
violating signals and/or crossing at mid -block locations.
Pedestrian/Student impacts and/or issues related to access will be
analyzed for students at Davidson School as well. This
pedestrian demand analysis should also be input into the traffic
analysis in order to assure that pedestrian flows are accurately
reflected in traffic service levels. Close coordination with
Golden Gate Transit and Caltrans will be maintained in
preparation of this task.
Fehr & Peers Associates Scope Assumptions
Based on conversations with the City (3/18/97) and other involved
consultants, Fehr & Peers Associates has assumed that they will be
conducting the following analyses in each of the subject areas:
b Travel Demand Forecasting: Either the City or W -Trans will be
conducting all travel demand forecasting. The AM peak hour
model will be available for use. Turning movement files (in
LOS format) will be provided to Fehr & Peers Associates.
b Individual Intersection Analysis: Fehr & Peers Associates will
update and refine the level of service calculations using
intersection traffic volumes on electronic files to be supplied by
the City or W -Trans. These files will be converted to Synchro
inputs and all individual intersection analysis will be conducted
in Synchro. This analysis technique shall be consistent with the
1994 Highway Capacity Manual Operations methodology.
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NOTE: 1. Based on conversations ivith City Public Works staff on
3118197, Fehr & Peers will not be using or applying
Synchro to perform simulation analysis. Even though
Synchro lvill produce a Traf-Netsim (a traffic network
simulation program) input file, Fehr & Peers Associates
will not be using dais feature because no money has been
allocated for calibration and execution of Traf-Netsim
model nuns. Fehr & Peers will provide the files to the City
at the completion of the study and the City can perform the
Traf-Netsim analysis at its o►vn discretion.
2. Fehr & Peers will be using a Highway Capacity Manual
(operations analysis) equivalent for the individual
intersection analysis and therefore not using the LOS
software.
Fehr & Peers is not responsible for discrepancies benveen
current Traasyt-7 and LOS results and those produced by
Synchro. They will evaluate any changes to determine if
the Synchro software is functioning correctly and if its
results are reasonable, but they have not budgeted for a
detailed comparison of results or for calibration of the
Synchro software.
b Arterial Analysis: Fehr & Peers Associates will update and
refine the arterial analysis using Transit -7F electronic files to be
supplied by the City. Transyt-7F inputs will be converted to
Synchro and all arterial analysis will be conducted within
Synchro.
b Congestion Management Agency Consistency Analysis: Fehr &
Peers will conduct a CMP consistency analysis for roadways
included on the CMP network. This will include Highway 101,
Interstate 580, and Second and Third Streets. Analysis
techniques similar to those applied by the Congestion
Management Agency will be used to analysis CMP consistency
impacts for these roadways.
b Parking Analysis: Fehr & Peers Associates will conduct a
parking demand analysis, review parking operations plans, and
review site circulation and access issues.
b Pedestrian Circulation Analysis: Fehr & Peers Associates will
forecast pedestrian volumes, conduct analysis of pedestrian
walking times and averaged stopped delays at intersections. We
will also establish a feedback loop for pedestrian flow projections
into the traffic analysis. This task includes analysis for
pedestrians/students from Davidson School.
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Existing Conditions Analysis: Existing conditions analysis will be based
on recent analysis conducted within the Downtown area and will include
individual intersection operations at 35 intersections (including one
unsignalized intersection) and documentation of arterial analysis for ten
arterials. The number of intersections includes intersections on Third
Street, Miracle Mile (due to existing signal coordination), Fourth Street
and Grand Avenue. This information will be compiled, reviewed and
assembled into a Setting section. Other topics to be documented in the
setting section will be existing transit routes and schedules, and existing
pedestrian/student and bicycle flow patterns.
Impact Analysis: Up to five analysis scenarios will be analyzed as part
of the EIR preparation. Fehr & Peers Associates will be responsible for
providing information on the Project's trip generation to the City, and
the City will be responsible for providing traffic projections for each of
the scenarios. As indicated earlier, we have assumed a very automated
process for this analysis with the City or W -Trans providing forecast
turning movement volumes in electronic format. The City will also be
providing other files necessary to calculate levels of service, so Fehr &
Peers Associates' tasks will be to import volume files and parameter files
into Synchro which will perform both individual intersection analysis and
arterial analysis and produce files required to perform Traf-Netsim
analysis.
The analysis scenarios assumed for this EIR are:
b Existing Plus Approved Projects without the Fair, Isaac
Development (Baseline)
b Existing Plus Approved Projects with the Fair, Isaac
Development - 4 lanes on 2nd Street
�J Cumulative without the Fair, Isaac Development (an alternative
development may be included for the Project site at the City's
discretion)
b Cumulative with the Fair, Isaac Development
b Cumulative with an Alternative Development Scenario for the
Project Site (4th lane on 2nd Street would be a mitigated
scenario). This analysis could address a multi -tenant, "worst-
case" scenario.
Additional analysis scenarios for other Project variants or with different
assumptions about the roadway network can be performed on a
time -and -materials basis ($2,800 per alternative scenario). Note that
each of these scenarios includes 35 study intersections, 10 arterials, and
five Highway 101/LS. 580 segments.
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The 35 study intersections (including one unsignalized intersection) and
10 arterials will be assessed for AM and PM peak hour conditions for
each of the analysis scenarios. In addition, Highway 101 and Interstate
580 impacts will be assessed on up to five segments in the peak direction
of the AM and PM peak hours. For intersections on Second Street in the
immediate vicinity of the Project and for the Second Street arterial
analysis, pedestrian/student flow calculations will be integrated into the
analysis and delays and travel times will be assessed for vehicles and
pedestrians.
The results of this analysis will be summarized in an IMPACTS section
and submitted to RBF for inclusion in the environmental document.
Other items to be included in this section will be parking demand
assessment, a review of parking issues (operations, circulation and
access), transit impacts (daily and peak hour transit projections,
qualitative assessment of the impacts of additional riders on transit
service, access issues), pedestrian/student impacts (street crossings, travel
time and delay projections, site circulation and access) and bicycle
impacts (access, circulation and parking).
Mitigation: Fehr & Peers Associates will identify mitigations for Project
impacts. When devising traffic mitigation, Fehr & Peers Associates will
review previously recommended measures and confer with the City
regarding potential mitigation. Each mitigation will be described and
displayed and will have a cost estimate, identification of the entity
responsible for implementation, and an identification of the year of
mitigation implementation. Where necessary, on-going monitoring
requirements will be identified. In addition, level of service after
mitigation will be calculated for individual intersections and arterials.
The results of this analysis will be documented in a mitigation section to
be provided to RBF for incorporation into the EIR.
Alternatives Analysis: For this work scope, Fehr & Peers has assumed
that they will conduct detailed analysis of up to two project alternatives
(including the No Build alternative). The modeling of Project
Alternatives has been described under Task 2. Modeling for a Project
Alternative would be performed by the City with volumes provided to
Fehr & Peers Associates by the City for level of service analysis. Up to
four alternatives can be analyzed, but the additional two alternatives
would be assessed with trip generation estimates and a qualitative
comparison of expected impacts relative to the Project. Alternatives will
be analyzed under cumulative conditions during both the AM and PM
peak hours.
The results of this analysis will be documented in an alternatives section
to be provided to RBF for incorporation into the EIR.
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Meetings: For the purposes of this scope, Fehr & Peers has assumed
that up to 10 meetings would be attended. These include five meetings
with staff and five public meetings. They can attend additional meetings
on a time -and -materials basis as needed.
Air Ouality
The air quality analysis will be prepared in accordance with the Bay Area
Air Quality Management District (BAAQMD) CEQA Guidelines for
Assessing the Air Quality Impacts of Projects and Plans, April 1996.
Because of the size and magnitude of the project, a full quantitative air
quality analysis is required. The air quality analysis will describe the
environmental setting and both short-term construction and long-term
project operation impacts.
The project site is located in the Marin County Basins' climatological
subregion of the Bay Area Air Basin. The environmental setting section
will describe the climatological and topographic conditions of the Marin
County Basins' and the current national and state pollutant attainment
status. The number of violations at the San Rafael monitoring station for
the pollutants monitored (ozone, carbon monoxide, nitrogen dioxide, and
PMIo) will be provided for the past five years. Existing air toxic issues
from contaminated soils will be summarized from Erler and
Kalinowsky's analysis of on-site hazardous materials and risk assessment
report.
Construction impacts will address the demolition of existing onsite
structures (Corporation Yard), operational and/or attendant uses and
project construction, (particularly the phasing of grading activities). Both
particulate emissions from earthmoving and air pollutants emitted from
the construction equipment exhaust will be quantified based on emission
factors provided in the BAAQMD CEQA Guidelines and equipment
operations provided by the project sponsor. The disturbance to
contaminated soils on-site is a critical issue that needs to be addressed in
the air quality section. The soil and groundwater on the PG&E
properties are known to contain elevated levels of polynuclear aromatic
hydrocarbons (PNAs) and volatile organic compounds (VOCs). The
approach and effectiveness of containing any air toxics will be discussed
based on the hazardous materials investigations and mitigation measures
developed for that section of the EIR. The necessity to implement the
basic, enhanced, or optional control measures for limiting emissions of
PMIo as identified by the BAAQMD will be discussed.
Long-term project air quality concerns to be addressed include emissions
from mobile sources, localized carbon monoxide concentrations and
stationary sources (emissions generated from the proposed Office
Campus). Mobile source emissions will be quantified using the
URBEMIS5 program developed by the Air Resources Board. This
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program will provide project emissions for total organic gases, nitrogen
dioxide, carbon monoxide, PM10, and sulfur dioxide.
Long-term carbon monoxide exposure from vehicular project emissions
will be quantified using the CALINE4 model developed by the California
Department of Transportation (Caltrans). The impact on any sensitive
receptors in the vicinity of the project will be evaluated. The CALINE4
model will be used to calculate 1 -hour and 8 -hour carbon monoxide
emissions at up to 7 intersections for build -out of the project along with
"no project" conditions. Carbon monoxide emissions will be compared
to state and federal air quality standards. The parking alternatives
include multiple -level parking structures that also have the potential for
internal air quality impacts at the ground floor where carbon monoxide
emissions would be the greatest. CALINE4 will be used to calculate
worst case 1 -hour and 8 -hour carbon monoxide concentrations for the
two proposed parking structures. Levels will be compared to the U.S.
Environmental Protection Agency standard for 1 -hour concentrations and
the American Conference of Government Industrial Hygienists and Cal-
OSHA's limit for 8 -hour concentrations. Mitigation measures will be
proposed, as appropriate, if these thresholds are exceeded.
Long-term operational emissions related to power plant and natural gas
consumption to support the proposed office campus will be quantified
based on typical emission factors.
Based on the air quality impacts identified, the project's consistency with
regional and local air quality plans will be discussed. Mitigation
measures will be proposed to reduce impacts to less -than -significant
levels where feasible.
g. Noise
The noise analysis will discuss applicable noise guidelines and standards
and the project's short-term construction and long-term operational noise
impacts. The City of San Rafael's General Plan includes noise goals and
policies. Noise Policy N-1 identifies land use compatibility standards for
new projects to ensure an acceptable noise level exposure. This policy
and other applicable policies will be used as appropriate thresholds to
determine noise impacts and whether or not additional noise mitigation
measures would be necessary.
Construction noise will cause a short-term impact on the surrounding
properties. Noise levels will be determined from projections of noise
levels produced by typical construction equipment. Noise levels at the
closest noise -sensitive uses will be calculated based on noise attenuation
over distance factors. Mitigation measures will be proposed for
significant construction -related noise impacts.
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Existing and future with and without the project build -out traffic Ldn
noise levels will be projected using the Federal Highway Administration
Highway Traffic Noise Prediction Model (FHWA-RD-77-108), as
modified, to reflect the California mix of vehicles. Traffic noise levels
will be predicted for Second Street, Andersen Drive Extension, Lindaro
Street, Lincoln Avenue, Ritter Street, and U.S. 101 in the vicinity of the
project site. The noise exposure levels will be compared to the land use
compatibility standards in the General Plan. Mitigation measures will be
proposed to reduce any significant noise impacts.
h. Public Services and Utilities
RBF will contact potentially affected public service and utility agencies
to identify relevant existing conditions, project impacts and recommended
mitigation measures. The discussion will focus on the potential alteration
of existing facilities, staffing impacts, extension or expansion of existing
facilities and the increased demand on services based on the proposed
land uses. RBF will evaluate the ability of the project site to receive
adequate service based on City and County standards (where appropriate)
and, where adequate services are not available, will identify the effects
of inadequate service and recommended mitigation measures. Key public
service issues to be addressed in this section of the EIR include:
Public Services:
b Solid Waste: Solid waste generation resulting from the proposed
uses may impact landfill capacities. The analysis will establish
baseline projections for solid waste, including composting and
recycling for both construction and operation of the project.
Project's compliance with AB 939 will also be addressed.
b Fire: The overall need for Fire Services would potentially
increase beyond existing conditions as a result of the project.
The Fire Services review will include a review of existing
services/facilities in the area, response times to the site (which
includes hazardous material responses to emergencies), available
fire flow, project impacts and required mitigation.
b Police: The Police Service review will focus upon response
times to the site, available personnel and overall protection
services. Although the overall need for police protection
services would increase beyond existing conditions, as a result
of the project, impacts are not anticipated to be significant and
adversely affect services. Mitigation incorporated into the
project design, including lighting, signage and security hardware
can further reduce potential crime activity.
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Public Utilities:
The utilities analysis will be based upon the Utility Report provided by
CSW/Stuber Stroeh. The report is anticipated to focus specifically on
issues associated with the existing utilities, including required relocation,
existing easements, disruption of services, undergrounding of utilities and
construction phasing. The RBF engineering staff will conduct a peer
review of the Utility Report and provide comments directly to
CSW/Stuber Stroeh, as determined necessary, in order that the report
may be deemed technically accurate to serve as a support document to
the EIR. The Peer review will include a site review and a document
consistency review of all record information to evaluate completeness of
the documents provided. It is our understanding that this review will be
limited to the following facilities:
b Water and Sewer
�> Electrical, Telephone, Cable TV and fiber optic (T-1 or ISDN)
(Overhead and Underground)
Gas
b Existing Utility Easements (based on Title Reports or other
supporting documentation)
RBF will peer review the Final Constraints Analysis Map for the
proposed site and provide recommendations for modifications (if
necessary). Analysis will be reviewed for conformance with the City's
existing master plans and standards. The review will be limited to those
facilities affected by the proposed site development and included within
the Existing Conditions Report and/or Utility Report. This review will
also evaluate a Construction Phasing Plan to be provided by the Project
Sponsor(s) for the project and its affect on the existing and proposed
facilities. This task provides for a maximum of (2) submittal reviews
prior to submittal of the Administrative Draft EIR.
Based upon the CSW/Stuber Stroeh report and RBF's peer review, RBF
will prepare the utilities section of the EIR, focusing on the following
areas:
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Electrical: Existing facilities, project impacts, infrastructure
relocation, undergrounding of overhead lines, fiber optic cables,
easements and necessary mitigation. Based on the project team
meeting held on 2/21/97, RBF will evaluate up to three utility
routing alternatives for relocation of the 115 kV overhead
transmission lines.
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Issues to be discussed/analyzed within this subsection (and based on the
approach discussed on 2/21/97), include the following:
Description of section (in feet) of overhead transmission lines to
be relocated;
Three (3) alternative rerouting locations, including distance and
general description of proposed routes;
Right-of-way, easement and/or access requirements/restrictions;
�J Construction Phasing;
b Other potential environmental impacts associated with
undergrounding transmission lines (e.g. magnetic field reduction,
fluid leaks, chance of fire in buried sections, manholes, tunnels
and terminations).
As discussed on 2/21/97, it is assumed for the purposes of this Scope of
Work that the precise terms and conditions of the proposed 115 kV
utility transmission lines will be addressed in a transmission facilities
relocation agreement between Village Properties, PG&E and the City of
San Rafael (or appropriate parties thereof) and will not have an effect on
the environmental issues of the relocation. It is also assumed that use of
land within PG&E's ultimate easements or right-of-way to meet zoning
requirements, such as parking area, emergency access, landscape area
and/or building setbacks, is subject to the ongoing negotiations between
PG&E and the Project Sponsors, provided that land uses are consistent
with those described in the Project Description.
Telephone: Existing facilities, project impacts, infrastructure
relocated, undergrounding of overhead lines, easements and
necessary.
b Gas: Existing facilities, project impacts, infrastructure
relocation, easements and necessary mitigation.
b Other infrastructure construction -related impacts: Existing
facilities (including water distribution and/or sewer lines)
construction -related project impacts (including relocation of
existing lines and/or provision of new distribution lines) and
necessary construction -related mitigation, as might be
appropriate. This task has been included based on a brief,
cursory review of the CSW Stuber-Stroeh Utility Report which
indicates the apparent need for extensions to the existing water
mains.
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i. Visual/Light and Glare
RBF will characterize the existing aesthetic environment and visual
resources, including a discussion of views within the site and views from
surrounding areas to the site, particularly from the adjacent uses. Project
construction impacts will be addressed based on changing on-site
aesthetics visible from surrounding roadways and locations. RBF will
incorporate discussion of architectural and design specifications for the
Project, as provided by the respective Project Sponsor's. Mitigation
measures such as perimeter landscaping, screening and setbacks will be
recommended to reduce the significance of potential visual impacts.
Color site photographs will be provided which will show on-site and
surrounding views. This section will analyze potential view impairments
(if any) to adjacent uses as a result of Project implementation. The
compatibility of the Project's architectural features, height and building
materials with the on-site uses and the surrounding area will be
reviewed.
RBF will also address potentially significant impacts generated by the
introduction of light and glare associated with the development of the
proposed Project. This analysis will include a light and glare impact
discussion on neighboring sensitive uses from street lights, vehicle
headlights, building lights, etc. RBF will review and incorporate
existing City policies and guidelines regarding light and glare for
inclusion within the EIR. RBF will recommend mitigation measures to
reduce potential aesthetic and light and glare impacts to the maximum
extent possible.
Based on discussions with City staff and members of the Fair, Isaac
Coordinating Committee, it is assumed that RBF will prepare
computerized visual simulations of the Fair, Isaac Office Park Project.
Six views will be selected, rendered and montaged according to the
"Level 3" detail identified in Attachment 1 of this submittal (and as
discussed during our 3/14/97 project team meeting).
j. Hazardous Materials/Risk Assessment
Task I - Project Coordination and Management: To coordinate with the
other design team members, to manage the Phase II preparation effort,
and to maintain communication with RBF. The management approach
is outlined below:
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Attendance at (1) project meeting with RBF for scoping of EKI's
Phase II.
Communicate, as necessary, with other project team members
and coordinate EKI's project team.
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1-17 Phase II - Scope of Work
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Task 2 - Peer Review of Supplementary Reports on Soil and Groundwater
Characterization Prepared Subsequent to Consent Order 89190-002: To
peer review supplementary documents that characterize the Project Study
Area with respect to chemicals of concern in soil and groundwater. The
information obtained from the review of these documents, and the
documents reviewed in Phase I, will be used when reviewing the
documents in Tasks 3 and 4.
Review State of California Health and Welfare Agency,
Department of Health Services, Toxic Substances Control
Division Consent Order 89/90-002 for the Pacific Gas and
Electric Company San Rafael Service Center Site.
�J Review HLA's Soil and Groundwater Investigation, Second and
Lindaro Streets, San Rafael, California, letter to Jim Helfrich of
Village Properties dated 28 October 1996 and HLA's document
(not yet written) detailing the risks associated with the presence
of benzene in groundwater samples from the PG&E property.
b Review McCulley, Frick, and Gillman's Limited Phase 1 and II
Environmental Site Assessment, San Rafael Shell Station and
Corporation Yard, dated 25 September 1996.
b Review HLA's Site Characterization Investigation, Shell Oil
Company Retail Station, 755 Second Street, San Rafael,
California, dated 24 June 1991, and Enviros' Quarterly
Monitoring Report - First Quarter 1996, Shell Service Station,
755 Second Street, San Rafael, California, dated 23 April 1996.
Task 3 - Peer Review Risk Assessment and Construction Health and
Safety Plan: To peer review the risk assessment, prepared by others, for
potentially exposed populations during and after construction in the
Project Study Area, and the Construction Health and Safety Plan to be
prepared by HLA, with respect to protection of community health and
the environment and for the conformance with the Consent Order 89/90-
002. (EKG will not review the Construction Health and Safety Plan with
respect to worker or occupational health and safety issues.)
Peer review HLA's original risk assessment prepared in 1989 to
provide perspective on the 1996 HLA Review; HLA's Review of
1989 Risk Appraisal, dated 3 July 1996; a 14 August 1990
memorandum and a 18 March 1996 letter from the Agency for
Toxic Substances and Disease registry ("ASTDR") documenting
ASTDR's review of the risk assessment; and a supplemental risk
assessment currently being prepared by HLA to address benzene
detected in groundwater. The peer review will include review
of the approach, the exposure assumptions, and the report's
findings. No new analysis will be conducted. This review does
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not include performance of calculations by EKI to check the air
dispersion modeling results or risk results.
Peer review the Construction Health and Safety Plan to be
prepared by HLA. It is assumed that this document will include
a description of dust control measures, decontamination
procedures; and on-site, perimeter, and off-site air quality
monitoring and action levels specified for protection of
community health.
b If EKI's evaluation of the above documents identifies issues of
potential concern, EKI's recommendations regarding those
identified issues will be presented as either EIR mitigation
measures, e.g. areas of further detailed engineering evaluation or
control, or as recommendations to the project team, as
appropriate.
b Peer review one document to be prepared by HLA which will
present the results of the three-dimensional groundwater flow
model. EKI understands that the three-dimensional groundwater
flow model is being developed by HLA to evaluate proposed
modifications to the existing PG&E groundwater extraction and
treatment system based on Fair, Isaac's planned development for
the Site. Therefore, it is EKI's understanding that this document
will also include the details of the proposed modifications to the
existing PG&E slurry wall and groundwater extraction and
treatment system (based on the results of the three-dimensional
groundwater flow model. Peer review will only be conducted to
ensure that the impact of the proposed project does not
compromise the integrity of the existing Consent Order and/or
pose a new threat to human health and safety.
EKI's peer review will include a review of the key assumptions
and input parameters for conformity to the Consent Order 89/90-
002, but does not include calculations to check the groundwater
modeling results.
EKI will peer review the proposed modifications to the Shell
Station groundwater extraction and treatment system required to
accommodate Fair, Isaac's planned development of the site.
Peer review the Soils Management Plan to be prepared by HLA.
It is assumed that this document will include general construction
phase soil handling procedures, such as soil testing protocol for
the use of on-site soil as fill in trenches, planter areas, and under
the buildings.
City of San Rafael Robert Bein, William Frost & Associates
Fair, Isaac Office Park Project 1-19 Phase II - Scope of Work
G:\GRP30\PDATA\650016\FAIRISAA\SCOPE.WRK May 5, 1997
b If EKI's evaluation of the above documents identifies issues of
concern, EKI's recommendations regarding those identified
issues will be presented (if appropriate) as EIR mitigation
measures, or as recommendations to the project team (outside of
the CEQA purview).
Task 4 - Prepare Administrative Draft EIR Sections: To prepare the
section of the Administrative Draft EIR pertaining to subsurface
occurrence of chemicals of concern and the impact of the chemicals of
concern on the planned development.
�J Prepare draft sections of Administrative Draft EIR using
technical memorandum developed in Tasks 2 and 3. Mitigation
measures will be recommended as necessary to reduce or avoid
significant impacts. It is assumed that this draft will include one
figure. The draft will be prepared in the format provided by
RBF.
5. Cumulative Impacts — Evaluate cumulative impacts in the EIR. The analysis will
address known projects, either approved or proposed within, contiguous and/or
adjacent to the proposed project and will be based on the land use assumptions
and data included in the City's traffic model. The extent to which the project
generates cumulatively significant impacts will be discussed qualitatively. The
cumulative impact assessment will be based on reasonably anticipated adverse
environmental impacts. Cumulative projects will be identified during the
initiation of Phase II and verified with the City staff. The findings of recent
court cases regarding the scope of cumulative impact discussions in EIRs will be
used to ensure that this section of the EIR addresses all pertinent issues.
6. Growth Inducing Impacts -- Pursuant to §15126(g) of the State CEQA
Guidelines, RBF will discuss potential growth -inducing impacts of the proposed
project in the EIR. Any impediments to growth that would be removed by
development of the project will be discussed. In addition, the potential for the
project to result in, or facilitate other area development (particularly along the
Second Street/Third Street Corridor and/or adjacent to Mahon Creek) or
development of similar uses will be described.
7. Alternatives— Pursuant to CEQA Guidelines Section 15126(d), RBF will provide
an analysis of a "reasonable range" of alternatives, comparing environmental
impacts of each alternative in each impact area to the project. For each
alternative, RBF will provide a qualitative analysis of impacts to environmental
resources. One important element of the Alternatives section will be an impact
matrix which will offer a comparison of the varying levels of impact of each
alternative being analyzed. This matrix will be prepared in a format to allow
decision -makers a reference that will be easily understood, while providing a
calculated (where feasible), accurate comparison of each alternative.
City of San Rafael
Fair, Isaac Office Park Project
G:\GRP30\PDATA\650016\FAIRISAA\SCOPE.WRK
Robert Bein, William Frost & Associates
1-20 Phase II - Scope of Work
May 5, 1997
The alternatives section will conform to both the 1994 amendments to §15126(d)
of the State CEQA Guidelines and to recent and applicable court cases. RBF will
discuss as required by the State CEQA Guidelines, the advantages and
disadvantages of each alternative and the reasons for rejecting or recommending
the project alternatives stated. The environmentally superior alternative will be
identified. A summary of the various alternatives and associated impacts will be
provided as part of the EIR Executive Summary. Alternatives to be reviewed
include the following:
�J No Project/No Development - As required by CEQA §15126 (d)(2).
This would involve leaving the project site in its current undeveloped
state.
No Project/Development of the Site Under the Existing Zoning
Designation. This would involve development of the project site under
the existing zoning designation, which would allow 600,000+ square feet
of office use.
Alternative Sites: In the introductory section of the alternatives analysis,
RBF will reference and briefly summarize the former alternative site
analysis conducted for the proposed project. This summary will focus
on review of the following three development sites previously considered
by the Fair, Isaac Corporation, Inc..
• Marin Ranch Airport - The site is located along Smith Ranch
Road, opposite McGinnis Park. The site consists of 120 acres,
of which 20 acres are buildable.
• Hamilton Field - Approximately 50 acres, of which 25 are
buildable acres, would be set aside to recently approved
redevelopment site at the Hamilton Airfield.
• San Marin Business Park - This ranch site is located north of the
Fireman's Fund's San Marin Campus, off of Black John Road.
Site consists of two parcels (58.14 acres and 4 acres).
This summary will also address the purpose of the proposed project,
incorporating the all-encompassing project objectives [as identified in the
Project Description], and ultimately concluding why further evaluation
of an alternative site(s) has been eliminated from further evaluation.
Design Alternatives - RBF will evaluate up to two Design Alternatives.
The design alternatives shall focus on project modifications which are
capable of reducing and/or eliminating adverse effects resulting from the
project.
City of San Rafael
Fair, Isaac Office Park Project
G:\GRP30\PDATA\65GO16\FAIRISAA\SCOPE.WRK
Robert Bein, William Frost & Associates
1-21 Phase II - Scope of Work
May 5, 1997
8. Summary — Prepare a summary presenting the significant conclusions of the EIR
for the City in a manner that is easily understood by the public. A summary
"table" format will be used to identify the significant impacts and the
effectiveness of the recommended mitigation measures. A summary of the
alternatives analyses will also be presented, as will issues still to be resolved and
issues subject to potential controversy.
9. Other CEQA mandated sections of the EIR will be prepared as follows:
a. Table of Contents
b. Irreversible and Irretrievable Commitment of Resources
C. Relationship Between Short -Term Uses of the Environment and
Maintenance and Enhancement of Long -Term Productivity
d. Effects Found Not to Be Significant
e. List of Organizations and Persons Consulted
f. Preparers of the Environmental Document
g. References
h. Appendices
10. Due to the technical complexity of many of the issues specific to development of
the project -related properties, as well as the many sources of technical
information, a glossary of terms used in the EIR analysis will be provided to the
reader as a reference.
11. The EIR will be compiled and thoroughly reviewed to ensure it is readable to the
lay person, of high technical quality, and meets the legal requirements of CEQA
and recent CEQA caselaw.
Products: 1. Twenty (20) preliminary copies of the Introduction and Table of Contents for
City staff review.
2. Twenty (20) copies of the administrative draft EIR.
TASK 2: PREPARATION OF DRAFT EIR
Purpose: To respond to the City staff and Coordinating Committee comments on the administrative
draft EIR, complete necessary revisions, prepare and publish the draft EIR for public
circulation and review.
Approach: 1. Coordinate with the City staff (Contract Project Manager) who will assemble
comments on, and suggested revisions to, the administrative draft EIR. One set
of unified comments on the EIR will be provided to RBF.
2. Complete revisions to the administrative draft EIR, pursuant to review comments.
Revisions will be prepared in conformance with the scope of work.
3. Prepare and reproduce the draft EIR for submittal to the City staff for its
distribution to the public.
City of San Rafael Robert Bein, William Frost & Associates
Fair, Isaac Office Park Project 1-22 Phase II - Scope of Work
G:\GRP30\PDATA\650016\FAIRISAA\SCOPE.WRK May 5, 1997
Products: 1. One -Hundred (100) copies and one reproducible of the draft EIR.
TASK 3: ADMINISTRATIVE FINAL EIR AND RESPONSE TO DRAFT EIR COMMENTS
Pumose: To prepare an administrative final EIR, with written responses to comments received on
the draft EIR that raise significant environmental issues and submit them for City staff
review after the close of the public comment period.
Annroach: 1. The City's Contract Project Manager will compile and transmit to RBF all
written comments on the draft EIR.
2. Confer with the City staff to review written comments on the draft EIR and
comments from public hearings to develop a general framework and strategies
for preparation of responses. The format of the final EIR will be as an
attachment of responses to comments to the text of the draft EIR.
3. Submit the administrative final EIR with draft responses to comments for City
staff review. Responses that are within the scope and budget consist of
explanations, elaborations, or clarifications of the data contained in the draft EIR,
with a budgeted effort of up to 120 hours for the EIR project manager and
technical staff in the task. If the effort required to respond to comments exceeds
the budget amount because of the number or complexity of responses, a contract
amendment would be needed.
Products: 1. Twenty (20) copies and one reproducible copy of the administrative final EIR.
TASK 4: PREPARATION OF FINAL EIR
Pumose: To prepare a final EIR that contains a list of commenters, comment letters, and responses
to comments.
Approach: 1. Coordinate with the City's contract project manager who will assemble comments
on, and suggested revisions to, the administrative final EIR. One set of unified
comments will be provided to RBF.
2. Based on City staff comments, complete revisions to the responses to comments.
Revisions will be prepared in conformance with the scope of work.
3. Assemble and reproduce the final EIR for submittal to the City for distribution
to the public.
Products: 1. One -Hundred (100) copies and one reproducible copy of the final EIR.
TASK 5: PREPARE MITIGATION MONITORING PROGRAM (DELETED: TO BE
PREPARED BY CITY STAFF)
TASK 6: WRITTEN FINDINGS REQUIRED BY THE STATE CEQA GUIDELINES
(DELETED: TO BE PREPARED BY CITY STAFF)
City of San Rafael Robert Bein, William Frost & Associates
Fair, Isaac Office Park Project 1-23 Phase H - Scope of Work
G:1GRP30\PDATA\650016\FAIRISAA\SCOPE.WRK May 5, 1997
TASK 5: ATTENDANCE AT PUBLIC MEETINGS AND HEARINGS
Pumose: To be present at public hearings, to develop an understanding of the public's comments
and concerns both with regards to environmental issues and the various elements and
components of the City approval processes, to be available to answer questions on
environmental issues and the planning process, and to make presentations on the EIR, as
necessary.
Annroach: 1. Attend a maximum of five (5) public hearings by the Project Manager in addition
to the public scoping meeting and community meetings identified in Phase I. For
the purposes of this scope of work, we have assumed attendance at up to five (5)
public hearings on the draft and final EIR by the Project Manager and Principal -
in -Charge. These meetings would be held before either the City Planning
Commission, and/or City Council depending upon the action under consideration.
Additional hearings can be attended on a time and materials basis.
2. Conduct presentations, as required, regarding the environmental and planning
processes and be available to answer questions that may arise at public hearings
or meetings.
3. The RBF Project Manager will receive public input to accentuate the City's
commitment to hearing the concerns and issues of all participants and to ensure
that the community understands specifically how their concerns will be
incorporated into the CEQA and planning processes.
Products: 1. Attendance by the Project Manager at up to five (5) public hearings.
TASK 6: PROJECT MANAGEMENT, GENERAL COORDINATION, AND MEETINGS
Pumose: To manage the EIR preparation effort and to maintain close communication between City
staff and RBF project team members. This task is also intended to ensure that the project
is running on time and within budget, as well as being technically correct and legally
defensible.
Approach: 1. Communicate as necessary with RBF project team members and the City staff for
compliance with the schedule, scope of work, and budget. Coordinate the work
of team members and provide management liaison between the team and the City
staff for communication of issues, project status and reports, transmittal of
comments, input evaluation, financial management (e.g., invoices), and other
project management coordination matters.
2. Attend project coordination meetings with the City staff. The proposed scope of
work includes attendance at up to six (6) project meetings. Anticipated meetings
include: two project status meeting; review of Administrative Draft EIR; and a
strategy session regarding Administrative Draft comments, and two meetings
related to the processing of the various applications. Other meetings may be
attended on a time -and -materials basis additional to the proposed price with prior
authorization.
City of San Rafael
Fair, Isaac Office Park Project
G:\GRP30\PDATA\650016\FAIRISAA\SCOPE.WRK
Robert Bein, William Frost & Associates
1-24 Phase II - Scope of Work
May 5, 1997
Products: 1. Attendance at up to six (6) project meetings by the Project Manager.
TASK 7: COORDINATION WITH PROJECT ATTORNEYS (DELETED)
City of San Rafael
Fair, Isaac Office Park Project
G:\GRP30\PDATA\650016\FAIRISAA\SCOPE. WRK
Robert Bein, William Frost & Associates
1-25 Phase II - Scope of Work
May 5, 1997
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EXHIBIT `B'
PROJECT SCHEDULE
RBF proposes the following detailed project and meeting schedule for the City of San Rafael, Fair, Isaac
Office Park Project. This schedule continues to meet the objectives of the Preliminary Schedule/Critical
Path developed by the City (in October 1996) for the proposed project. A detailed schedule is not
provided for tasks that will follow EIR certification as dates would be too speculative to anticipate at this
time. However, RBF can commit to completing all tasks within the scheduled time allocated by the City
for the entire process.
Work Product/Milestone/Meeting
Written Authorization to Proceed (Phase II)
Submit Introduction/Table of Contents for Approval to Initiate Administrative EIR
RBF meets with City staff and Design Team to Finalize Project Alternatives
Deliver Administrative Draft EIR to City Staff for Review
Document distributed to City Staff and Design Team for Review and Comment
Meet with Staff to Receive and Review Staff Comments on Admin. Draft EIR
Draft EIR Completed and Resubmitted for Staff Consideration
Draft NOC Prepared
City Staff Distributes Draft EIR and NOC
Community Meetings Held to Summarize DEIR Findings
End 45 -day Public Review Period
Planning Commission Holds Public Hearing on Draft EIR
Meet with Staff to Review Draft EIR Comments Received
Preparation of Administrative Final EIR
Receive Staff Comments on Administrative Final EIR
Submit Draft Written Findings and MMP for City Staff Review and Comment
Receive Staff Comments on Written Findings and MMP
Final EIR, Written Findings and MMP Submitted for Public Release by City Staff
Planning Commission Hearing(s) Recommendation for Certification of EIR
Estimated Date
Prior to March 21, 1997
Week of March 31, 1997
April 12, 1997
June 27, 1997
June 30, 1997
July 14, 1997
July 28, 1997
July 29, 1997
August 1, 1997
September 9, 1997
September 15, 1997
September 15, 1997
September 17, 1997
October 4, 1997
October 28, 1997
October 28, 1997
November 4, 1997
November 11, 1997
December 9 & 23, 1997
City Council Hearings on Final EIR/Response to Comments/EIR Certification January 6, 1998
City of San Rafael Robert Bein, William Frost & Associates
Fair, Isaac Office Park Project Schedule
G:\GRP30\PDATA\650016\FAIRISAA\SCOPE.WRK 2-1