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