HomeMy WebLinkAboutCD 809 B St., 1212 & 1214 Second St.errvoF UL�- Agenda Item No: Meeting Date: January 20, 2009 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Comm pnDevelopment Prepared by: /�� —$ City Manager Approval: Community Develop rent Director (SS) SUBJECT: Resolution authorizing the City Manager to execute an Agreement for Professional Services with Lisa Newman (dba, Newman Planning Associates or NPA) for assistance needed to prepare an Environmental Impact Report (EIR) for the redevelopment of four parcels located at 809 B Street and 1212 and 1214 Second Street. RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolution. BACKGROUND: The project site is located on the northwest corner of B and Second Streets, which lies along the southern boundaries of Downtown San Rafael. The property is comprised of four, contiguous developed parcels, under common ownership and containing approximately 24,500 square feet of combined lot area. The parcels are currently developed with: a single -story commercial building at the street corner, which is approximately 4,500 square feet in size; a private parking lot with 42 dedicated on- site parking spaces; and two, two-story, Victorian -era structures (one listed on the San Rafael Historical/Architectural Survey) fronting Second Street. Over the years, this block of B Street has been the focus of continued redevelopment efforts by the City's Redevelopment Agency. The project site has a long history of redevelopment efforts. On August 29, 2005, Planning applications were submitted to the City by the property owner. The applications proposed a redevelopment of the project site, which included the demolition of all existing structures and the construction of 20 "row house - style" condominium units, six apartment units above 4,200 square feet of ground -floor commercial retail space, and 37 required parking spaces (both covered and uncovered parking stalls). Due to the City's determination that at least one of the two Victorian -era structures is a protected cultural resource, the scope of the redevelopment project was reduced to eliminate demolition of both Victorian -era structures. The revised redevelopment project proposed four residential units above 7,500 square feet of ground - floor commercial retail space and 15 uncovered parking spaces over two adjacent parcels. On November 15, 2006, one of the historic Victorian -era structures sustained fire damage and, soon thereafter, the City denied the property owner's request for issuance of a demolition permit without the required environmental review and the necessity to prepare and certify an EIR. The property owner subsequently requested the City temporarily suspend processing of the redevelopment project to allow for reassessment of project options. After repeated requests to the property owner to reinitiate active project review, on March 12, 2008, the City deemed the proposed redevelopment project automatically withdrawn. FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / PaEe: 2 Currently, the existing Victorian -era structures are uninhabited while the commercial building and private parking lot are in -use and occupied. Though no current Planning applications have been submitted for the redevelopment of the project site, the City anticipates Preliminary/Conceptual Design Review submittals in the near future. Planning anticipates that the scope of any future redevelopment project on the parcels would be similar to that previously reviewed by the City and would propose removal of all structures, including the known cultural resource. Newman Planning Associates (NPA) has submitted a proposal for services to prepare an EIR for the proposed redevelopment project. The proposal for services includes a not -to -exceed budget of $39,365.00, which includes completion of all necessary tasks through document certification. Analysis will include the following topic areas: land use and planning, aesthetics, air quality, geology/soils, hazards and hazardous materials, hydrology/water quality, noise, and transportation/traffic. Prior to the preparation of the Draft EIR, a Notice of Preparation (NOP) will be mailed to surrounding property owners, residents and neighborhood groups as well as other governmental and State agencies for a 30 day public comment period. During this time, written comments will be accepted on the topic areas that need to be addressed in the EIR. Additionally, the Planning Commission will hold a public hearing during the 30 day NOP period to accept oral testimony on the scope of EIR topics. Should there be additional topic areas that were not covered by this scope of work and are required by CEQA, staff will return to the Council for a contract amendment for their review and approval. ANALYSIS: Pursuant to the CEQA, the City of San Rafael will act as lead agency for environmental review of the proposed project. As the preparer of EIR's for other projects in the City of San Rafael, NPA has been solicited to complete the environmental analysis required for the proposed project given their professional competency in preparing EIRs and their familiarity with City of San Rafael policies and procedures for similar projects (San Rafael Carriage Townhouse Condominiums, located at the corner of Mission Avenue and Irwin Street). FISCAL IMPACT: NPA has estimated that it will cost $39,365.00 to prepare an EIR for the redevelopment of the project site which includes the removal of the known cultural resource (See attached scope of work and budget). This amount will be paid by the prospective applicant, the property owner, prior to the preparation of the EIR. Therefore, Execution of the Agreement for Professional Planning Services would not result in a significant fiscal impact to the City given that project applicants agree and would be required to pay all costs associated with the review and processing of their planning applications as well as a 25% administrative fee for managing the EIR consultant contract. OPTIONS: The following options may be considered by the City Council on this matter: 1. Accept the proposal for services and authorize the City Manager to execute a Professional Services Agreement with NPA. 2. Revise the. proposal based on City Council discussion. 3. Continue and request additional information. ACTION REQUIRED: It is recommended that the City Council adopt the attached Resolution. ATTACHMENTS: 1. Draft City Council Resolution (includes Professional Services Agreement and Proposal to Prepare EIR for Redevelopment of Second and B Streets, dated October 29, 2008). RESOLUTION NO. RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH LISA NEWMAN (DBA NEWMAN PLANNING ASSOCIATES OR NPA) FOR ASSISTANCE NEEDED TO PREPARE AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE REDEVELOPMENT OF FOUR PARCELS LOCATED AT 809 B STREET AND AT 1212 AND 1214 SECOND STREET (Tenn of Agreement: from January 20, 2009 to January 20, 2010, for an amount not to exceed $39,365.00) WHEREAS, the existing Victoria -era structure, located 1212 Second Street, has been deemed by the City of San Rafael to be a protected cultural resource for the purposes of California Environmental Quality Act (CEQA) review; and WHEREAS, pursuant to the provisions of the CEQA, any future redevelopment of four parcels located at 809 B Street and at 1212 and 1214 Second Streets that includes the proposed removal of the known cultural resource will require environmental review, which will require the preparation of an EIR to assess, at minimum, historic resource impacts; and WHEREAS, Newman Planning Associates or NPA was invited by the City of San Rafael to provide a budget proposal for the preparation of a focused EIR in conjunction with the future redevelopment of the project site that involves the removal of the known cultural resource; and WHEREAS, on October 29, 2008, NPA provided the City with a proposal for services to prepare an EIR to assess the redevelopment of the project sit, which involves the removal of the known cultural resource, which is provided as Exhibit "A"; and WHEREAS, on December 23, 2008, the property owner submitted a letter to the City, accepting the scope of the EIR proposal by NPA; and WHEREAS, the proposal for services includes a not -to -exceed budget of $39,365.00, which includes completion of all necessary tasks through document certification; and WHEREAS, the property owner has agreed to pay all consultant costs associated with the preparation of the EIR plus the City's EIR administration fee of 25%. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the City Manager to execute, on behalf of the City of San Rafael, an Agreement for Professional Services with NPA. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a special meeting of the City Council of said City held on Tuesday, the 20'1' day of January, 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ESTHER C. BEIRNE, City Clerk Exhibit "A" Professional Services Agreement and Proposal to Prepare EIR for Redevelopment of Project Site Located at Second and B Streets. PROFESSIONAL SERVICES AGREEMENT WITH LISA NEWMAN (DBA, NEWMAN PLANNING ASSOCIATES) FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE REDEVELOPMENT OF FOUR CONTIGUOUS PARCELS LOCATED AT THE NORTHWEST CORNER OF SECOND AND B STREETS This Agreement is made and entered into this 20'h day of January 2009, by and between the City of San Rafael (hereinafter "CITY'), and Lisa Newman (DBA Newman Planning Associates or NPA) (hereinafter "CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR has submitted its proposal for.the performance of services, which is attached hereto and incorporated by reference herein; and WHEREAS, CITY desires to retain CONTRACTOR to perform professional services necessary to render advice and assistance to the CITY, the CITY's Planning Commission, City Council and staff in the preparation of an Environmental Impact Report (EIR); and WHEREAS, CONTRACTOR represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. AGREEMENT NOW, THEREFORE, it is agreed by and between the CITY and CONTRACTOR as follows: PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. Planning Manager, Paul Jensen, is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Lisa Newman (DBA, Newman Planning Associates) is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. A. CONTRACTOR shall perform the duties and/or provide services as described in EIR Proposal for Redevelopment of Second & B Streets, attached hereto and incorporated herein. B. Commencement. CONTRACTOR agrees to commence work immediately after thell+Z., of signing this contract. 'e" JAN 1 009 COA�IAAIdIVI C'lT)' ,1j'pF Exhibit "A" C. Completion. Tasks described in EIR Proposal for Redevelopment of Second & B Streets shall be completed as set forth in the schedule outlined in EIR Proposal for Redevelopment of Second & B Streets, attached and' incorporated by reference herein. 3. DUTIES OF CITY. CITY shall perform the duties and/or provide services as outlined in EIR Proposal for Redevelopment of Second & B Streets, attached and incorporated herein. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an amount not to exceed $39,365.00 based upon the budget shown in EIR Proposal for Redevelopment of Second & B Streets, to be compensated on a time and material basis. Payment will be made upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR 5. TERM OF AGREEMENT. The term of this Agreement shall be for one (1) year commencing on January 20, 2009 and ending on January 20, 2010. Upon mutual agreement of the parties, and subject to the approval of the City Manager, the term of this Agreement shall be extended for an additional period. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the.other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. However, use of said property by CITY for project(s) not the subject of this Agreement shall be at CITY's sole risk without legal liability or exposure to CONTRACTOR. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. 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 dollars ($1,000,000) to cover any claims arising out of the CONTRACTOR's negligent performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by Section 10. A. shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CIT Y'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. 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 insureds under the policies. 4. CONTRACTOR shall provide to City's Risk Manager: (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel or terminate said insurance policies except upon thirty (30) days written notice to City's Risk Manager,, except for nonpayment of premiums for which such notice shall be ten (10) days. 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years, to the extent that such coverage remains commercially available at reasonable rates. 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction. CONTRACTOR has declared that their professional liability insurance has a $250,000 deductible. 11. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and designated volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including reasonable attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any negligent acts or omissions or willful misconduct of CONTRACTOR or CONTRACTOR'S officers, agents and employees in the performance of their duties and obligations under this Agreement. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any, laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows:, TO CITY: Paul Jensen Planning Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Lisa Newman Project Director Newman Planning Associates 2201 Mulberry Terrace San Rafael, CA 94903 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL KEN NORDHOFF, City Manager CONTRACTOR By: �4-1�'h r - Lisa Newman Principal, Newman Planning Associates ATTEST: ESTIBER C. BEIRNE , City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney EXHIBIT: EIR Proposal forRedevelopment of Second & B Streets, dated October 29, 2008 EWMAN LANNING SSOCIATES OCT 3 October 29, 2008 COANUN17-y CITY CF g� vvP1. ppb Mr. Paul Jensen, Planning ManagerI 1E�ENT San Rafael Community Development Department . 1400 Fifth Avenue San Rafael, CA 94915 Subject: EIR Proposal for Redevelopment of Second & B Street Dear Paul Thank you for the opportunity to provide environmental planning services for the Monihan project at 1 21 211 21 4 Second Street and 809 B Street. This letter provides a Scope of Work to prepare a focused Environmental Impact Report (EIR) for this project. The Scope of Work outlines my understanding of the project and consultant tasks for completing the EIR process. These tasks are broken down by phases with an estimated budget for each phase. A. Understanding of Project and Needed Services My understanding' of the proposed project and service needs is as follows: 1. The Community Development Department will soon receive revised applications from Monihan Pacific Development Company proposing to demolish two existing Victorian residential structures located at 1212/1214 Second Street and a commercial building at 809 B Street and to construct a new commercial/office building, 1212 Second Street is included in the City's Historical Building Survey. 2. The planning applications that are required by the City include Environmental Review and a Design Review Permit. These applications will require review and recommendation by the Planning Commission with final action by the City Council. City staff will manage the planning process and prepare an Initial Study, 3. 1 will serve as the environmental consultant under your direction for the project. An Initial Study will be required to evaluate potentially significant environmental impacts of the proposed project, A historical evaluation will be required for which a separate proposal has been prepared by Diana Painter and is attached. The Initial Study will be circulated for public review and comment with the finding that an EIR will be required due to the proposed demolition of a structure with historical significance, a significant and unavoidable impact under CEQA, ■ 2201 MULBERRY TERRACE SAN RAFAEL, CA 94903 office 415.492.0300 lax 415.492.9569 Mr. Paul Jensen October 29, 2006 Page 2 4. City staff will prepare the Initial Study and public notice, reproduce and distribute the Initial Study for public comment. 1 will coordinate with staff and the historical consultant during preparation of the Initial Study, review an administrative draft, and attend a Planning Commission Scoping hearing for the EIR. 5. Based upon comments from the Scoping hearing and public comment period, I will prepare an Administrative Draft EIR, Draft EIR and Final EIR under your direction. Project alternatives will be developed in coordination with City staff and the analysis will be based upon economic data provided by the applicant, Should this economic analysis be inadequate, as determined in conjunction with City staff, the services of an economic consultant may be required. Three copies of the Administrative Draft EIR will be submitted for City staff review. City staff will provide an appropriate number of copies of the Draft EIR and Final EIR. 6, The Draft BIR will be circulated through the State Clearinghouse for a 45 -day public review period concluding with a public hearing on the Draft EIR before the Planning Commission that I will attend. A second Planning Commission hearing is expected for this project that I will prepare for and attend. After the second Planning Commission hearing, i will prepare a Final EIR/Response to Comments document. In addition, a Resolution providing findings for a Statement of Overriding Considerations will be prepared 7. The Final EIR and project merits will then be considered at a third public hearing before the Planning Commission, i will prepare for and attend the hearing. 8. City staff will prepare a public notice and staff report for a City Council hearing to consider the Final EIR and project merits that I will prepare for and attend. Subsequent to project approval, I will prepare and file a Notice of Determination with the County Clerk, 9. The San Rafael Community Development Department will serve as the client. The applicant will fund ail contract planning services, 10. Monthly invoices for consultant planning services for Newman Planning Associates (NPA) will be billed at an hourly consultant rate of $125. Diana Painter will be a subcontractor to NPA and billing for her services will be included in my monthly— invoices. Invoices will be processed by the City and paid within 30 days. This EIR cost estimate Is valid for 60 days after which we reserve the right to review and revise costs, B. Scope of Services — List of Perceived Tasks Based on my understanding of the project, the following tasks are will likely be the responsibility of the consultants with related cost estimates: Mr. Paul Jensen October 29, 2008 Page 3 Phase I - Application Review and Project Initiation a. Initiate project in coordination with City staff and historical consultant. b. Meet with Town staff and project applicant/architect to initiate work on project environmental review, discuss issues and visit site. C. Complete a review of the application plans and materials and City policies/plans relevant to the project application. d. Distribute relevant materials to historical consultant, coordinate work program and meet as necessary. Estimated Budget.for Phase I: 24 hours: $ 3,000 Phase II — Environmental Review Process: Initial Study a. Coordinate with City staff and the historical consultant during their preparation of the Initial Study. b. Review and edit Historical Evaluation and Administrative Draft Initial Study. C. Review any comments received on the NOP (prepared by City staff) and meet with staff and the applicant as appropriate to discuss any issues. Estimated Budget for Phase II: 16 hours: $ 2,000 Phase III Environmental Review Process: EIR a. Meet with staff to discuss the approach for EIR Alternatives and other EIR sections. b. Request and review economic analysis of two alternatives to provided by the applicant; consult with City staff as to the adequacy of the analysis. G. Prepare Administrative Draft EIR based upon the Initial Study, addressing issues raised in the responses to the NOP, and with the assistance of Diana Painter for preparation of the Cultural Resources and Alternatives sections. d. Prepare and submit three copies of the Administrative Draft EIR for Staff review and comment. e. Revise ADEIR as necessary and coordinate printing of Draft EIR by City. f. Prepare a Notice of Completion to the State Clearinghouse and relevant public agencies and community groups for a 45 -day public review period for staff to distribute. City staff will prepare required newspaper notice for the Draft EIR. Coordinate distribution of the Draft EIR by City. d, During the 45 -day comment period, review any comments on the Draft EIR and meet with staff to discuss issues, as necessary. Estimated Budget for Phase III; 112 hours: $14,000 Mr. Paul Jensen October 29, 2008 Page 4 Phase IV — Environmental Review Process: Final EIR a. Prepare responses to comments received on Draft EIR including public agency correspondence and testimony at the Planning Commission hearing. Submit draft responses to City staff for review and comment. b. Prepare Final EIR/Response to Comments document. C. Coordinate City reproduction of Final EIR for distribution to Planning Commission. d. Prepare draft Resolution/Statement of Overriding Considerations for City review and revise as necessary. Estimated Budget for Phase IV: 40 hours: $ 5,000 Phase V — Attendance at Public Hearings and Meetings a. Prepare for and attend four public hearings, as outlined above. b. Coordinate with Town staff and Applicant on issues that are raised during public hearings and meet as necessary. C. Respond to issues as requested by City staff. Estimated Budget for Phase V: 40 hours: $ 4,000 Phase VI — Project Administration and Post Action Processing a. Perform administrative tasks including monthly invoicing and contract administration. b. Prepare Notice of Determination (NOD) and file with County. Estimated Budget for Phase VI: 16 hours: $ 2,000 Total Estimate for NPA Services: 248 hours: $31,000 Total Estimate for Historical Subconsultant: $ 8,365 Total Estimated EIR Cost: $39,365.00 Thank you for the opportunity to provide this proposal for environmental planning services. If you have any questions, please feel free to contact me. Sin rely, Lisa P. Ne man Principa September 26, 2008 Ms T.kn Newman - Newman Planning Associates 2201 Mulberry Terrace San Rafael. CA 94903 Re: Historic resource survey and EIR assistance for 1212-14 2nd Street— San Rafael Dear Lisa, Thank you for contacting me about this project. Below is a proposal for preparing a Historic Resource Report for this property and providing assistance with the EIR, including responding to alternatives and developing a mitigation plan. Project understanding The buildings are on Second Street and are the remaining two of three identical Victorian -era homes near the center of this block, which was historically a residential street. They were documented in the late 1970s, when the buildings were listed on San Rafael's list of historical properties. When the site was to be redeveloped they were again documented in August 2005. At that time the two properties were declared not historic resources because the setting had been altered, an analysis which was not consistent with state law. They were also documented at a reconnaissance rather than intensive level, which is inadequate for an analysis of this type. A peer review was conducted by Michael Corbett on September 28, 2005. He stated at that time that the previous analysis was inadequate and further research was necessary to make a determination as to historic significance. In 2007 a fire burned the face of the house at 1212 2' Street. My firm was hired to determine whether the building had as a result lost integrity to the degree that it was no longer a historic resource. I determined that the building still conveyed the reasons for its significance, and was therefore still a historic resource for purposes of CEQA. At this time the property owner is again considering redevelopment and would like to demolish the buildings. In order to do this, an EIR must be prepared, alternatives examined, and a Statement of Overriding Considerations made if the buildings are determined historic in this intensive review and are to be demolished. Alternatives include retaining the buildings in place and retaining them in a comparable setting. Scope of work and estimate Historic Resource Report 24 hrs@$110/hr $2,640.00 1. Research existing records and documentation on the property, including records at the Northwest Information Center in Rohnert Park. 2. Research available information on any significant persons, events and/or activities av-wiated with the site. 7 FOURTH STREET, SUITE 44 • PETALUMA, CA 94932 • 707.763.6500 • diana@preservationplans.com PAINTER t'RESERYATIOft "PLAIYnIHd HISTORIC PRt:SERVATION ✓3; URBM nES1O1 September 26, 2008 Ms T.kn Newman - Newman Planning Associates 2201 Mulberry Terrace San Rafael. CA 94903 Re: Historic resource survey and EIR assistance for 1212-14 2nd Street— San Rafael Dear Lisa, Thank you for contacting me about this project. Below is a proposal for preparing a Historic Resource Report for this property and providing assistance with the EIR, including responding to alternatives and developing a mitigation plan. Project understanding The buildings are on Second Street and are the remaining two of three identical Victorian -era homes near the center of this block, which was historically a residential street. They were documented in the late 1970s, when the buildings were listed on San Rafael's list of historical properties. When the site was to be redeveloped they were again documented in August 2005. At that time the two properties were declared not historic resources because the setting had been altered, an analysis which was not consistent with state law. They were also documented at a reconnaissance rather than intensive level, which is inadequate for an analysis of this type. A peer review was conducted by Michael Corbett on September 28, 2005. He stated at that time that the previous analysis was inadequate and further research was necessary to make a determination as to historic significance. In 2007 a fire burned the face of the house at 1212 2' Street. My firm was hired to determine whether the building had as a result lost integrity to the degree that it was no longer a historic resource. I determined that the building still conveyed the reasons for its significance, and was therefore still a historic resource for purposes of CEQA. At this time the property owner is again considering redevelopment and would like to demolish the buildings. In order to do this, an EIR must be prepared, alternatives examined, and a Statement of Overriding Considerations made if the buildings are determined historic in this intensive review and are to be demolished. Alternatives include retaining the buildings in place and retaining them in a comparable setting. Scope of work and estimate Historic Resource Report 24 hrs@$110/hr $2,640.00 1. Research existing records and documentation on the property, including records at the Northwest Information Center in Rohnert Park. 2. Research available information on any significant persons, events and/or activities av-wiated with the site. 7 FOURTH STREET, SUITE 44 • PETALUMA, CA 94932 • 707.763.6500 • diana@preservationplans.com 1212-14 2' Street — San Rafael September 26, 2008 Pace 2 of 3. Conduct a visual inspection of the site and structure to assess current architectural features, changes to the site over time, and building condition. 4. Interview persons with knowledge of the property as available. 5. Develop a context statement for the Historic Resource Report. 6. Update information on the historic significance and architectural integrity of the building, 7. Draft an intensive -level Historic Resource Report for the two structures. Environmental Impact Report 50 hrsA$110/hr $5,500.00 1. Assist with language for initial study, as required. 2. Assist with drafting appropriate alternatives. 3. Provide language for EIR for historic resources section, including development of historic context, description of field and archival methods, description of resources, evaluation of historic significance, and description of impactsfadverse change. 4. Develop mitigation measures for proiect, as necessary. 5. Conduct evaluation of proposed adjacent new construction to ensure that the Secretary of Interior's Standards are met, if the existing buildings are retained. 6. Participate in (up to four) public hearings and meetings for the project. 7. Participate in overall project coordination and development. Expenses $ 225.00 Expenses include mileage, copies, research fees, and report production. Total estimated cost $8.365.00 This estimate assumes that any direction from city staff on the project will be provided by you. It does not assume coordinating the archaeological resources review. It does not assume any public outreach, Evaluation is for meeting the provisions of CEQA only. Department of Parks and Recreation 523 forms for the property will be prepared, as the existing forms are inadequate, and included as an attachment to a Historic Resource Report. This estimate does not assume evaluation for compliance with the City of San Rafael General Plan; Zoning Code or Design Guidelines except in areas of historic preservation Please let me know if you have any comments or questions about this proposal. Sincerely, Diana J. Painter, PhD, AICP Owner/Principal 7 FOURTH STREET, SUITE 44 • PETALUMA, CA 94952. 707.763.6500 • diana@preservationplans.com CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODr1YYYi - PRODUCER Rase G Kuntz State Farm Insurance 024 Fifth Ave Suite R San Rafae_,CA 94901 Ol/05/09 Trus CER71FfCATE 15 ISSUED AS MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES. NOT'. AMEND,. EXTEND -OR -- ALTER THE COVERAGE- AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE NAIC # INSURED -'- 1,Tewman, Lisa P te. Farm General Irsuxance Com onY 25151 25151 DBA Newman Planing Associates _. _ 2201 MU1172rry Terrace San Rafael CA 94930-1247 CSOVERAGES —'--a - THE POLICIES OE -INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED 'ABOVE FOR THE POLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TP ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH P.OLLCIRS-AGGREGATELI EUSSNOMM.MAY-HAVESEEN REDUCED -BY-PAID -CLA MS- E OF INSURANCE UllLQY CU GENERAL LIABILITYPREMISES -Cr— 755- 9?-CG=5755-4. 6- - POUCYEFFECTIVE DATE AINIODIYY -Dl-/a{/200-9---01 POLICYE%PIRATION PATE MMMDM' 20- $018- LIMITS EACROCCURRENCE $ 1, 0OC; 00 D_ EB ocurre,we $IMS __—NED'EfP 7_2 6MDE- 2pCCUR. anePERSONAL&ADVINJURYITELMIfAPGENERAL AGGREGATE.. I$- - 2-; DOOM GLC-PRO-PRODUCTS-CCIr`WP g 2, OD0. 1100 JECT LOG AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LMVRT (Eaa=9QR!A) $ _ ALL OWNED AUTOS SOMEDULEO dUT03 RODILY INJURY $ (Per pe'Pm) HIRED AUTOS (P., L d.m)INJUS NON -OWNED AUTOS PROPERTY DAMAGE S (Pers ,dtl l) GARAGELIABILITY -' ANY AUTO AUTO ONLY -EA ACCIDENT S OTH€RTHAN EAACC S AUTO ONLY, E1(CESBNMBRELLA �_ BILIiY AGG S OCCUR CLAIMS MADE EACH OCCURRENCE S AGGREGATE g DEDUCTIBLE - S RETENTION $ $ WORKERS COMPENSATION AND -EMPLOYERS'LIABILITV ANY PROPRIMB RIPARTNDED? CURVE OFFICEWMEAIB_ER EXCLUDED? Ifyea, de be mn , SPECIAL PROVISIONS W" - -- - - M/C STATU- - OTU•-- LIMITS ER EL EACHACCIDENT g ELDISEASE -EA EMPLOYEE $ EL.OISEABE-POLICY LIMIT $ OTHER DESCRIPTION 0 F OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED By ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE BOLDER — Community develop men^_..dept. PO bra 151560 San ra£aEl Ca 94915 CANCELLATION -- --- SHOUI:D-ANYOFiBEABpyE pEgLpIBEp-POLICIES"BECANCELLFII BEFORE THE ETPIRATRIN DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL SB DAYS WRITTEN _ NOTMETO THE CERTIFICATE HOMER NAMED TO THE hut,, BUT EAILURETODOSOSHALy_ IMPOSE NO OBLIGATION OR LIABILITY OF ANY RIND UPON THE INSURER, ITS AGENTS OR . A ORD oa (2001108) The registration notices indicate ownership of the marks by their respective owners ©ACORD CORPORATION 1966, 2007 A6 rights. reserved-.