HomeMy WebLinkAboutCD General Plan 2040 Project ManagementSAN RAFAEL
THE CITY WITH A MISSION
Agenda Item No: 7.a
Meeting Date: June 19, 2017
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Development
Prepared by: Raffi Boloyan, City Manager Approval:
Planning Manager
TOPIC: PROJECT MANAGER CONTRACT FOR GENERAL PLAN 2040
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH BARRY J. MILLER TO SERVE AS
PROJECT MANAGER FOR PREPARATION OF GENERAL PLAN 2040, WITH A ONE-
YEAR TERM FOR AN AMOUNT UP TO $90,000, AND TWO OPTIONAL ONE-YEAR
EXTENSIONS FOR A TOTAL PROJECT BUDGET OF $270,000 (P16-0131GPA16-001)
RECOMMENDATION:
Staff recommends that the City Council adopt the attached Resolution, authorizing the City Manager to
sign a Professional Service Agreement with Barry Miller to serve as Project Manager for the General
Plan 2040 update.
BACKGROUND:
The City's current General Plan 2020 has been in place since 2004 and as we approach 2020, is
nearing the end of its useful life. In addition, new State laws and regulations coupled with changes to
conditions in the community (such as the upcoming operation of SMART) make the update timely. The
new General Plan 2040, once updated and adopted, would guide the City for the next 20 years (2020-
2040).
On February 6, 2017, the City Council reviewed a preliminary work program for the General Plan 2040.
This document presented the following information and recommendations:
• General expectations on format, scope and timinq. It was anticipated that based on the
draft scope, the update process should be approximately three years.
• Budget. There are funds accumulating since the last General Plan to cover the cost of this
project and should not require General Fund assistance (roughly $1.1 million already set
aside).
• Timely issues and kev topic areas that need to be addressed in the Plan. The work program
identified the various issues or topics that need to be considered in this plan.
FOR CITY CLERK ONLY
File No.: 4-3-651
Council Meeting: 06/19/2017
Disposition: Resolution 14357
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
• Staffina and consultant services needs. The work program provided recommendations for
how the project will be staffed, including the use of a Project Manager to serve as the lead
for the update, with assistance from sub -consultants for technical studies and analysis.
Communitv-based Nanninq approach, designed to ensure maximum participation in the
process by key community stakeholders. A 21 -member "steering committee" of these
stakeholders was recommended to lead the direction of plan preparation and outreach
through adoption. These members would represent a wide variety of interest groups in the
community and act as liaisons to represent and report to those groups. The Planning
Commission and Council will have periodic check -ins on the plan update to receive broader
community input and will have ultimate responsibility to review and approve the document.
• Reauired procedures and recommendations to be followed during the General Plan 2040
process. The draft work program also identifies the procedures to initiate the General Plan
update.
The City Council accepted the Preliminary Work program and provided a few suggested revisions,
notably to the composition of the steering committee (raising it from 19 to 21 members). As part of its
action, the Council directed staff to:
1. Initiate the General Plan update process;
2. Complete and distribute a Request for Qualifications/Proposals (RFQ/RFQ) to solicit for the
services of a Project Manager;
3. Prepare an acknowledgment form/notice to property owners/applicant representatives that is to
accompany all planning applications during the General Plan 2040 process.
The acknowledgement form/notice to property owners/applicants was prepared and has been included
in all applications filed since February 6, 2017. The official initiation of the General Plan 2040 through
required noticing will be completed once the Project Manager is hired and they are able to get up to
speed and further refine the Preliminary Work Program.
On February 14, 2017, an RFQ was released, inviting planning firms/consultants to submit their
statement of qualifications for consideration. On or before the March 9, 2017 deadline, the City received
two submittals, one from Sustainable Community Planning and the second from Barry Miller
Consulting.
ANALYSIS:
Staff has reviewed both submittals, including their statements of qualification, prior work examples and
references. A five member staff committee (composed of Director of Public Works, Director of
Economic Development and Innovation, Senior Management Analyst in the City Manager's office,
Planning Manager and a Planning Commissioner) interviewed both applicants in May 2017. The
Committee found both candidates were highly qualified and both had performed extensive work serving
in similar roles for General Plan updates in other communities. In addition, both of the candidates
understood the role expected in San Rafael.
However, one of the candidates, Barry Miller, demonstrated some key traits that the committee found
important to San Rafael's goals for this task, including:
1. A fresh perspective for San Rafael, while still being located nearby;
2. Extensive experience in serving in a project manager role as an integral part of the City staff for
the duration of the project, as desired by San Rafael;
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
3. Vast experience of preparing General Plan updates throughout the country, including nine Bay
Area cities, larger cities (Washington DC) and many small to medium size cities more similar to
San Rafael;
4. Work in communities with social equity issues;
5. History of strong project management and oversight, serving as a clearinghouse for all future
sub -consultants to foster consistency, accuracy and quality control and
6. Slightly lower hourly billing rate.
Summary of Qualifications:
Below is a summary of Barry Miller's qualifications:
Experience
• 30 years of experience in preparing General Plans for communities across the country;
• Managed General Plans in California, Texas, Florida, North Carolina and District of
Columbia;
• Prepared and managed General Plans for Albany, Concord, Danville, Fremont, Newark,
Oakland, Piedmont, Palo Alto and San Leandro;
• Bachelor's Degree in Urban and Regional Planning from University of Illinois and Master's
Degree in City and Regional Planning from University of California, Berkeley;
• Experience translating plans into action, including zoning updates for Oakland and Concord,
and Municipal Code Amendments for Piedmont and Fremont; and
• Member, American Institute of Certified Planners (AICP) since 1989 and AICP Fellow since
2012.
Billing Rate
• $135/hour;
• No billings for travel time for clients; and
• No administrative mark-up fees for subcontractors.
Availabilitv
• Has extensive availability starting in June 2017, with up to 50% of his time available for June
through December 2017 and up to 80% of his time available in 2018 and 2019; and
• Mr. Miller would spend a majority of his time in City Hall, while working on the plan.
References
• Positive recommendations from both city staff and community members from jurisdictions he
has worked in.
Furthermore, the Plans for which Mr. Miller served as Project Manager in Washington DC, Fremont,
Oakland and San Leandro all received American Planning Association (APA) awards for excellence.
FISCAL IMPACT:
The funding for this project is apportioned from General Plan Revenue Fund #218. This fund includes
revenue for both the implementation of the current General Plan, as well as the General Plan update
process. The current account balance for the entire Fund #218 is approximately $1.8 million. The
revenue that is generated for Fund #218 is through the following two fees that are collected as a
surcharge with every building permit that is issued by the City:
• The General Plan Maintenance (General Plan 2040) Fee is intended to cover the cost of both
periodic updates of the City's General Plan and comprehensive updates to the plan every 20 or
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
so years. This fee is a 0.96% surcharge on the building permit fee and is charged to every
building permit. The current balance for this fund is nearly $1.1 million. This portion of the fund
is the appropriate source of funding the General Plan update. In addition, this account will
continue to accumulate funds through this process, estimated at $200,000 annually.
• The General Plan 2020 Implementation Fee is intended to cover the cost of implementation of
programs identified in the City's General Plan 2020. This fee is a 0.259% surcharge on the
building permit fee and is charged to every building permit. The current balance for this fund is
$700,000. In addition, this account will continue to accumulate funds through this process,
estimated at $50,000 annually.
The concept of these fees when they were developed was that all private development activity within
the City should pay for the City's costs to implement and update the General Plan and take the burden
of these costs off the general tax payer. The establishment and collection of these fees means the City
does not have to reserve any of its General Fund to help pay for this update to the General Plan.
When a Final Work Program is developed, a better understanding of the full estimated costs will be
presented to the City Council for review and approval. However it is anticipated that with the expected
work program, the current balance in the General Plan update portion of the fund (approximately $1.1
million) should be adequate to cover the project, not only for the Project Manager role, but also the
technical sub -consultants that will be required to prepare technical studies, the Environmental Impact
Report (EIR), without requiring General Fund assistance and public engagement efforts.
Variables involved in the preparation of the General Plan that can greatly affect the number of hours
required to bring the update to adoption including: a) number of meetings (Steering Committee,
Planning Commission and City Council), b) public outreach, c) public inquiries and questions; d)
research and analysis, e) extent and complexity of technical studies, f) coordination and management
of technical sub -consultants, g) work and coordination with City staff from all City Departments, h) the
writing of the background reports, white papers, staff reports, and the plan itself.
Therefore, it is recommended that the contract be structured on a time/materials basis, with a yearly
cap and overall project cap. This would be based on an hourly rate and actual costs for materials. Staff
has included the following terms in the proposed contract, including:
Term - 1 year term, with up to two optional one (1) year extensions that can be authorized by
the City Manager, for a total of 3 years (to allow evaluation of progress of the update process
each year). Staff will report to the Council at the end of each year of the contract on the
accomplishments during that past year, and provide an update on the budget.
Monthly billinq cap - A monthly not -to -exceed cap of $7,500/month has been added (excluding
reimbursable expenses). Given the fluidity of this sort of project, there is a provision to allow the
City to approve exceedance of the monthly cap with prior notice.
Yearly billing cap - A yearly not -to -exceed cap of $90,000/annually has been added (excluding
reimbursable expenses). Given the fluidity of this sort of project, there is a provision to allow the
City to approve exceedance of the yearly cap with prior notice.
Total budqet cap - A total budget cap of $270,000 over the potential 3 years has been added for
this contract, with annual updates to the City Council on the status of progress of the contract
and project after year of the 3 year term.
The hourly billing rate proposed by Mr. Miller ($135/hr) is generally equivalent to the hourly rate for a
Senior/Principal Planner position in the City and that level of position is commensurate to the work and
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
expertise needed for this task. Furthermore, if this position was not a contract -based position, the City
would either need to hire a FTE at Principal or Senior or Principal Planner level to work on this project
or a larger multi -disciplinary firm to prepare the entire General Plan update and project management
would be one task of many, including EIR preparation, preparation of technical studies, etc.
Furthermore, in either situation, estimating the number of hours for this type of complex and long term
project is extremely difficult and there are many factors that are outside Staff's or the consultant's
control. Some of these factors include the extent of public involvement, direction of Boards,
Commissions, Council and the Steering Committee, requests for information, studies, or alternatives,
etc.
Staff notes that once the Project Manager is on board and the General Plan 2040 process is underway,
there will be other consultants required to be hired for the preparation of the General Plan update,
including technical experts to prepare the technical studies, (Environmental (CEQA) Consultant,
Traffic/Transportation Engineer (VMT + LOS), Land Use and Economic Consultant, Air Quality and
Noise Consultant, Geotechnical Engineer, Architectural Historian, Economist (Fiscal Impacts) and
Archaeologist, Public Engagement (Outreach) and potentially graphics and geographic information
systems (GIS).
OPTIONS:
The City Council has the following options to consider regarding this matter:
1. Accept the Proposal for Services and authorize the City Manager to execute a Professional
Services Agreement with Barry Miller to serve as project manager for General Plan 2040
Update (staff recommendation); or
2. Revise the proposal based on City Council discussion; or
3. Reject the Proposal for service and direct staff to solicit additional RFQ's for the Project
Manager service; or
4. Continue the matter and request additional information.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt the attached Resolution, authorizing the City Manager to
sign a Professional Services Agreement with Barry Miller to serve as Project Manager for the General
Plan 2040.
ATTACHMENTS:
1. City Council Resolution, with:
Exhibit 1 - Draft Professional Services Agreement, with
Exhibit A to Agreement- San Rafael General Plan 2040 - Project Management Consultant
Scope of Work for Barry Miller Consulting, June 6, 2017
2. City of San Rafael General Plan 2040 - Statement of Qualifications - Barry J. Miller
RESOLUTION NO. 14357
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH
BARRY J. MILLER TO SERVE AS PROJECT MANAGER FOR THE GENERAL PLAN 2040,
WITH A ONE-YEAR TERM FOR AN AMOUNT UP TO $90,000, AND TWO OPTIONAL ONE-
YEAR EXTENSIONS AND A TOTAL PROJECT BUDGET OF $270,000
(Term of Agreement: from July 1, 2017 to June 30, 2018)
WHEREAS, on February 6, 2017, the City Council adopted Resolution No. 14276, which
accepted the Preliminary Work Program and initiated the General Plan 2040 update process; and
WHEREAS, the City does not have an existing staff person dedicated to long-range planning
efforts or the staffing capacity amongst exiting staff to assume the Project Manger role for the General
Plan 2040; and
WHEREAS, one of the initial tasks following the Council's acceptance of the Preliminary
Work Program and initiation of the General Plan 2040 Update was the issuance of a Request for
Qualifications/Proposals (RFQ/RFP) to hire a contract Project Manager for the General Plan update
process; and
WHEREAS, in response to the City's issuance of an RFP/RFQ on February 14, 2017, the City
received two Statements of Qualifications/Proposals from qualified planning consultants to serve as
Project Manager; and
WHEREAS, Barry J. Miller of Barry Miller Urban and Environmental Planning has submitted a
proposal dated April 27, 2017 to provide Project Manager duties to the City; and
WHEREAS, a staff committee reviewed both Statements of Qualifications/Proposals, interviewed
both candidates and recommended the hiring of Barry J. Miller to serve as the Project Manager; and
WHEREAS, Barry J. Miller has demonstrated through his statement of qualifications, references
and prior work examples from other communities in California and throughout the United States that he is
highly qualified to serve as the Project Manager for the General Plan 2040 Update; and
WHEREAS, the City has appropriated sufficient funds in the General Plan special revenue
fund (Acct # 218-16-28102-9270) to support this contract for FY17-18, and has additional funds
available to support the optional extensions; and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael
hereby authorizes the City Manager to sign the Professional Services Agreement with Barry J. Miller
attached hereto as Exhibit 1, subject to final approval as to form by the City Attorney, for services as
Project Manager for the San Rafael General Plan 2040 Update project, with a Term of July 1, 2017 to
June 30, 2018, for an amount up to $90,000, with up to two optional one (1) year extensions and a total
project budget of $270,000.
Page 1 of 2 ATTACHMENT 1
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 regular meeting of the City Council of said City
held on Monday, the 19th day of June 2017, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
A-- Je&'-r
ESTHER C. BEIRNE, City Clerk
Exhibit 1: Professional Services Agreement between City of San Rafael and Barry
Miller (Barry Miller, FAICP - Urban and Environmental Planning), with
Exhibit A to Exhibit 1 San Rafael General Plan 2040 - Project Management Consultant Scope
of Work for Barry Miller Consulting, June 6, 2017
Page 2 of 2 ATTACHMENT 1
AGREEMENT FOR
PROFESSIONAL PLANNING SERVICES
J-�4
This Agreement is made and entered into this 1,3 day of Z-- 2017, by and between the
CITY OF SAN RAFAEL (hereinafter "CITY"), and Barry J. Miller (hereinafter
"CONTRACTOR").
RECITALS
WHEREAS, on February 6, 2017, the City Council adopted Resolution No. 14276,
which accepted the Preliminary Work Program and initiated the preparation of General Plan
2040; and
WHEREAS, the City does not have an existing staff person dedicated to long range
planning efforts or the staffing capacity amongst exiting staff to assume the Project Manger role
for General Plan 2040; and
WHEREAS, one of the initial tasks following the Council's acceptance of the Draft
Work Program and initiation of the General Plan 2040 was the issuance of a Request for
Qualifications/Proposals (RFQ/RFP) to hire a contract Project Manager for General Plan 2040; and
WHEREAS, CONTRACTOR has submitted a proposal dated April 27, 2017 to
provide Project Manager duties to the City and has demonstrated through his statement of
qualifications, references and prior work examples from other communities in California and
throughout the United States that he is highly qualified to serve as the Project Manager for the
General Plan 2040 update; and
WHEREAS, the CITY has funds set aside to cover the costs of the General Plan 2040,
including the Project Manager role, in the General Plan Special Revenue set-aside funds.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY. The City Manager shall be the representative of the CITY for all purposes under
this Agreement. The Planning Manager 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 is a sole proprietor and shall serve as the
PROJECT DIRECTOR, with overall responsibility for the progress and execution of
this Agreement. 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.
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City of San Rafael and Barry J Miller Page I
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide services to serve as Project
Manager for the General Plan 2040, as generally specified in the "Scope of Work" attached
hereto as Exhibit "A" and incorporated herein by reference.
3. DUTIES OF CITY.
CITY shall pay the hourly billing rate compensation as provided in Section 4 of this
Agreement. CITY shall also provide a work space for CONTRACTOR, background
information, oversight and direction, network computer access and other materials necessary
for CONTRACTOR to perform his duties.
4. COMPENSATION.
For the performance of services pursuant to this Agreement, CONTRACTOR shall bill for
services on a "time and material" basis, as work is needed by CITY. CONTRACTOR's
billing rate shall be $135 an hour for services and any reimbursable expenses shall be billed
at cost, with no administrative mark-up. Notwithstanding the foregoing, CONTRACTOR's
compensation hereunder shall be subject to the following not -to -exceed limits:
A. CONTRACTOR's monthly billings shall not exceed $7,500 in any given calendar
month, excluding reimbursable expenses, without prior approval in writing by the
Project Director.
B. CONTRACTOR's billings during the term of this Agreement, and during any
subsequent extension of the term hereof, shall not exceed $90,000 per year, excluding
reimbursable expenses, without prior approval by the Project Director, provided that in
no event shall CONTRACTOR's total compensation of this contract, over the three (3)
year period shall be $270,000, excluding reimbursable expenses.
C. Reimbursable expenses for purposes of this Agreement shall include, but not be limited
to: reproduction costs, graphics preparation, supplies and materials necessary for
performing tasks, etc.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONTRACTOR.
TERM OF AGREEMENT.
The services to be performed under this Agreement shall commence on July 1, 2017 and
shall continue for one (1) year through June 30, 2018, unless earlier terminated as
provided in Section 6 of this Agreement. Upon mutual agreement of the parties, and
subject to the approval of the City Manager, this Agreement may be extended for up to two
(2) additional one (1) year terms, provided that such no such extension shall increase the
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City of San Rafael and Barry J Miller Page 2
total compensation authorized in Section 4 of this Agreement.
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.
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. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall
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City of San Rafael and Barry J Miller Page 3
maintain, at no expense to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of one
million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000)
aggregate, 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) dollars per occurrence.
3. If it employs any person, CONTRACTOR shall maintain worker's compensation
insurance, as required by the State of California, with statutory limits, and
employer's liability insurance with limits of no less than one million dollars
($1,000,000) per accident for bodily injury or disease. CONTRACTOR'S
worker's compensation insurance shall be specifically endorsed to waive any right
of subrogation against CITY.
B. Other Insurance Requirements. The insurance coverage required of the
CONTRACTOR in subparagraph A of this section above shall also meet the following
requirements:
1. Except for worker's compensation 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.
2. The additional insured coverage under CONTRACTOR'S insurance policies shall
be primary with respect to any insurance or coverage maintained by CITY and shall
not call upon CITY's insurance or self-insurance coverage for any contribution.
The "primary and noncontributory" coverage in CONTRACTOR'S policies shall
be at least as broad as ISO form CG20 0104 13.
3. Except for worker's compensation insurance, the insurance policies shall include, in
their text or by endorsement, coverage for contractual liability and personal injury.
4. By execution of this Agreement, CONTRACTOR hereby grants to CITY a
waiver of any right to subrogation which any insurer of CONTRACTOR may
acquire against CITY by virtue of the payment of any loss under such insurance.
CONTRACTOR agrees to obtain any endorsement that may be necessary to
effect this waiver of subrogation, but this provision applies regardless of whether
or not CITY has received a waiver of subrogation endorsement from the insurer.
5. If the insurance is written on a Claims Made Fonn, then, following termination of
this Agreement, said insurance coverage shall survive for a period of not less than
five years.
6. The insurance policies shall provide for a retroactive date of placement coinciding
with the effective date of this Agreement.
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City of San Rafael and Barry J Miller Page 4
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a primary and noncontributory basis for the benefit of CITY (if agreed
to in a written contract or agreement) before CITY'S own insurance or self-
insurance shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance proceeds
broader than or in excess of the specified minimum insurance coverage requirements
and/or limits shall be available to CITY or any other additional insured party.
Furthermore, the requirements for coverage and limits shall be: (1) the minimum
coverage and limits specified in this Agreement; or (2) the broader coverage and
maximum limits of coverage of any insurance policy or proceeds available to the
named insured; whichever is greater.
C. Deductibles and SIR's. Any deductibles or self-insured retentions in
CONTRACTOR's insurance policies must be declared to and approved by the
PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability.
Policies containing any self-insured retention (SIR) provision shall provide or be
endorsed to provide that the SIR may be satisfied by either the named insured or CITY
or other additional insured party. 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.
D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or
CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the
insurance coverage required in this Agreement; (2) a copy of the policy declaration page
and/or endorsement page listing all policy endorsements for the commercial general
liability policy, and (3) excerpts of policy language or specific endorsements evidencing
the other insurance requirements set forth in this Agreement. CITY reserves the right to
obtain a full certified copy of any insurance policy and endorsements from
CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right
to exercise it later. The insurance shall be approved as to form and sufficiency by
PROJECT MANAGER and the City Attorney.
11. INDEMNIFICATION.
A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest
extent permitted by law, indemnify, release, defend with counsel approved by CITY,
and hold harmless CITY, its officers, agents, employees and volunteers (collectively,
the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss,
liability or expense of any kind, including but not limited to attorney's fees, expert
fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of
CONTRACTOR'S performance of its obligations or conduct of its operations under
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City of San Rafael and Barry J Miller Page 5
this Agreement. The CONTRACTOR's obligations apply regardless of whether or
not a liability is caused or contributed to by the active or passive negligence of the
City Indemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's
indemnification obligation shall be reduced in proportion to the City Indemnitees'
share of liability for the active negligence or willful misconduct. In addition, the
acceptance or approval of the CONTRACTOR's work or work product by the CITY
or any of its directors, officers or employees shall not relieve or reduce the
CONTRACTOR's indemnification obligations. In the event the City Indemnitees
are made a party to any action, lawsuit, or other adversarial proceeding arising from
CONTRACTOR'S performance of or operations under this Agreement,
CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S
option reimburse the City Indemnitees their costs of defense, including reasonable
attorneys' fees, incurred in defense of such claims.
B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that term is
defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent
permitted by law, indemnify, release, defend and hold harmless the City Indemnitees
from and against any CLAIMS that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of CONTRACTOR in the performance of its
duties and obligations under this Agreement or its failure to comply with any of its
obligations contained in this Agreement, except such CLAIM which is caused by the
sole negligence or willful misconduct of CITY.
C. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations
contained in this Agreement, and shall survive the termination or completion of this
Agreement for the frill period of time allowed by law.
12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related
to the performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perform all services under this Agreement in
accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall
release, defend, indemnify and hold harmless CITY, its officers, agents and employees from
any and all damages, liabilities, penalties, fines and all other consequences from any
noncompliance or violation of any laws, ordinances, codes or regulations.
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14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of
this Agreement, to the other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by
personal delivery, or deposited with the United States Postal Service, postage prepaid,
addressed to the parties intended to be notified. Notice shall be deemed given as of the date
of personal delivery, or if mailed, upon the date of deposit with the United States Postal
Service. Notice shall be given as follows:
TO CITY: Raffi Boloyan, Planning Manager
City of San Rafael — Community Development Dept
1400 Fifth Ave, 3`d Floor
San Rafael, CA 94901
TO CONTRACTOR: Barry J. Miller
817 Alvarado Road
Berkeley CA 94705
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
Professional Services Agreement Between
City of San Rafael and Barry J Miller Page 7
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. CITY shall not be
required to pay for any work performed under this Agreement, until CONTRACTOR has
provided CITY with a completed Internal Revenue Service Form W-9 (Request for
Taxpayer Identification Number and Certification).
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
Professional Services Agreement Between
City of San Rafael and Barry J Miller Page 8
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
JIM SCHUTZ, City Manager
ATTEST:
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
ROBERT F. EPSTEIN, aty Atto' y
CONTRACTOR
Title: TV- t A C—L p J
Exhibit A: San Rafael General Plan 2040 - Project Management Consultant Scope of Work for
Barry Miller Consulting, June 6, 2017
Professional Services Agreement Between
City of San Rafael and Barry J Miller Page 9
RAFq�`
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WITH p'
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Community
Development
Project Manager: Raffi Boloyan
Extension: x3095
Contractor Name: Barry Miller
Contractor's Contact: 510-647-9270
Contact's Email: barry@barrymiller.net
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER f
DEPARTMENT
DATE
Check/Initial l
1 Project Manager
a. Email PINS Introductory Notice to Contractor
6/1/2017
6/1/2017
b. Email contract (in Word) & attachments to City
Atty c/o Laraine.Gittens@cityofsanrafael.org
2 City Attorney
a. Review, revise, and comment on draft agreement
6/6/2017
® LAG
and return to Project Manager
6/6/2017
® LAG
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3 Project Manager
Forward three (3) originals of final agreement to
6/8/2017
❑
contractor for their signature
R k!�
4 Project Manager
When necessary, * contractor -signed agreement
❑ N/A
agendized for Council approval 6/19
*PSA > $20,000; or Purchase > $35,000; or
Or
❑
Public Works Contract > $125,000
R
Date of Council approval 6/19/17
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager
Forward signed original agreements to City
Attorney with printed copy of this routing form
6 City Attorney
Review and approve hard copy of signed
�/ l,�
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agreement
!
7 City Attorney
Review and approve insurance in PINS , and bonds
!11231/ �
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(for Public Works Contracts)
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8 City Manager/ Mayor
Agreement executed by Council authorized official
9 City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager
b1301 17
'0_2 1�
City of San Rafael
eneral
Plan
Ipdate
itement of Qualifications
March 10, 2017
Submitted by
Barry Miller Consulting
■J
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Barry)
Miller
WAXPEN
01
Cover Letter BarryJ Miller, FAICP
2512 Ninth Street
Berkeley, CA 94710
510-647-9270
barry@barrvmiller.net
March 10, 2017
Raffi Boloyan, Planning Manager
City of San Rafael Community Development Department
1400 Fifth Avenue, 3rd Floor
San Rafael, CA 94901
room
1■■■
Barry J
Miller
Lll�
r
AICP ■ ■
urban+ environmental planning
Re: Request for Qualifications for Consulting Services on the San Rafael General Plan
Update
Dear Raffi:
I am pleased to submit this Statement of Qualifications (SOQ) to serve as project manager
for the San Rafael General Plan Update. This is an exciting and challenging project that will
shape San Rafael's future for generations to come. Its successful completion requires a
unique combination of skills and experience, and a significant commitment of time and
energy for the next two years. I believe I would be a good fit for the City as it undertakes
this endeavor and would be pleased to prepare a more detailed proposal for services.
I started my consulting practice more than 25 years ago with the explicit mission of helping
cities with their general plan updates. Updating a general plan requires a more intensive and
personalized level of client service than can be provided by a large firm and demands the
attention of someone willing to truly work as an extension of staff. My work style, billing
practices, and overall approach to project management are tailored specifically for general
plan updates. I am also committed to producing outstanding work products and positive
outcomes for the communities I serve.
As the attached SOQ indicates, my work experience includes General Plan project
management for nine Bay Area cities, including the cities of Albany, Concord, Danville,
Fremont, Newark, Piedmont, and San Leandro in the last 10 years. I take on no more than
one or two General Plan Updates at any given time, enabling me to fully engage with the
community. My role as project manager in Albany ended in April 2016 and my role as
project manager in San Leandro ended in September 2016, when each of these cities
successfully adopted their new general plans. Since I am not currently managing a general
plan, I am in an excellent position to step into the role of project manager in San Rafael. In
ATTACHMENT 2-2
addition, my office is located less than 25 minutes from San Rafael City Hall. Such
proximity is important due to the large number of meetings and essential face-to-face
communication that occurs during a general plan update.
As a sole proprietor, I would be your point of contact throughout the project. While I
maintain an office in a co -working space with other environmental design professionals in
West Berkeley, I would be available to work on-site as needed. I would be very comfortable
serving as the face of the project, and the "go to" person for residents, businesses, public
agencies, and City departments participating in the Plan Update. I have extensive experience
working with Commissions and Councils, community and interest groups, and am a former
commission chair myself (in Oakland).
Over the last 30 years, I have developed excellent working relationships with most of the
consultants that are retained to perform general plan -related technical services in the Bay
Area, including transportation, engineering, urban design, environmental assessment, noise,
economics and finance, and cultural resource analysis. Depending on the approach the City
wishes to take, I am prepared to retain sub- consultants directly once the project is underway
or can assist the City in developing RFPs, interviewing and selecting firms, and negotiating
work scopes and competitive budgets for selected firms. I am also prepared to manage sub -
consultant contracts on the City's behalf.
The remainder of this SOQ is organized in accord with the City's Request for Qualifications.
It includes a description of my firm and service areas, a resume (key personnel), a project list,
a brief evaluation of the existing San Rafael General Plan, references, a discussion of my
availability, and a fee schedule. I look forward to discussing my qualifications and approach
with you in person and responding to any questions you may have about this submittal and
possible work arrangements.
Best regards,
Barry Miller, FAICP
ATTACHMENT 2-3
02
Statement of Qualifications
This section of the SOQ includes a description of my firm, including the qualifications and
experience for providing consulting services to meet the needs outlined in the City's RFQ. It also
includes information related to my philosophy and general approach to the work to be performed.
Overview of Barry Miller Consulting
Barry J Miller, FAICP is an urban planning consultant based in Berkeley, California. Barry
provides a broad range of services to his clients, with a focus on general plans and land use studies.
Since the start of his career in 1983, Barry has managed long-range planning projects in Texas,
California, Florida, Iowa, Ohio, Colorado, Louisiana, North Carolina, and the District of Columbia.
In the Bay Area, he has prepared general plans or plan elements for Albany, Concord, Danville,
Fremont, Newark, Oakland, Orinda, Piedmont, Palo Alto, and San Leandro.
Barry is committed to producing plans that are grounded by data and that are built on inclusive and
meaningful community input. He combines vision, creativity, insight, expertise in spatial analysis
and policy planning, and clear writing and graphics to create successful plans and effective planning
programs. As a one-person firm, Barry offers highly personalized and responsive service at an
affordable rate.
Barry has a Bachelor's Degree in Urban and Regional Planning from the University of Illinois
(Urbana -Champaign) and a Master's Degree in City and Regional Planning from the University of
California, Berkeley. He has been a member of the American Institute of Certified Planners (AICP)
since 1989. Barry was inducted into the Fellowship of the AICP in April, 2012.
ATTACHMENT 2-4
Services provided by Barry Miller Consulting are described below.
GENERAL PLANS
Barry Miller specializes in the preparation of general plans for cities and counties. His portfolio
includes large and small communities across the United States, including Washington, DC; Oakland,
California; and Walt Disney World, Florida. Whether he is leading large urban planning projects,
working with staff and teams of consultants, or serving as a solo "in-house" contract planner / project
manager, Barry brings to bear a high degree of proficiency
in land use, transportation, housing, infrastr ucture, and
environmental planning.
ATTACHMENT 2-5
Through his extensive network of professional associates
and advisors, Barry is able to deliver technically accurate
work products that adhere to recognized urban planning
standards and meet state and federal requirements.
CONTRACT PLANNING
From time to time, planning departments and consulting
firms may find themselves in need of supplemental
staff. The need may arise due to temporary staff vacancies,
periods of unusually high workload, and special
assignments requiring expertise in strategic planning and
project management. Barry has worked as a contract
planner to a half-dozen cities and private firms, serving as
the Acting City Planner in one case and manager of special
projects in others. Contract planning clients have included
the California cities of San Francisco, Concord, Oakland,
San Leandro, Belmont and Piedmont.
LAND USE STUDIES AND ZONING
Understanding the "science" of land use is an essential part
of planning. Barry is frequently retained by cities or larger
consulting firms to provide technical expertise on land use
issues. He has prepared area plans, written environmental
impact reports, managed citywide rezoning projects,
conducted land use studies, and provided expert witness
testimony. He occasionally participates on large consulting
teams as a land use specialist, providing strategic advice on
land use classification systems, zoning district definitions
and standards, and land use compatibility issues.
PLAN EDITING AND TECHNICAL WRITING
Barry assists local governments in editing long-range plans, synthesizing input from public meetings,
conducting policy "audits," preparing executive summaries and other publications to reach diverse
audiences, providing peer review of technical work products, preparing content for plan websites, and
designing storyboards for videos and high-profile presentations. While working in Washington, DC,
Barry authored speeches for the Mayor and testimony for the Congressional Subcommittee on the US
Census. Barry is a contributing author to the ICMA's 2008 edition of "The Practice of Planning."
PUBLIC INVOLVEMENT
Developing and implementing public involvement strategies is a focus of Barry's practice. These
strategies make for more effective plans and can make planning itself more meaningful to residents,
businesses, elected officials and other stakeholders. His services include designing plan summaries,
preparing multi -media presentations and talking points, writing press releases and newsletters, and
developing meeting handouts and surveys for planning projects. He frequently works with task forces,
commissions, city councils, and community groups to resolve planning issues, build consensus, and
develop responsive long-range plans.
LOCATIONAND CONTACT
Barry Miller's office is located at 2512 Ninth Street, Suite 8 in Berkeley. He also maintains an office
in his home at 817 Alvarado Road in Oakland. He can be reached at 510-647-9270 or by email at
barry@,barrymiller.net.
ATTACHMENT 2-6
03
Key Personnel
Education
Master of City and Regional
Planning (1983)
University of California, Berkeley
Barry J Miller, FAICP
Resume
PROFESSIONAL EXPERIENCE
Barry Miller Consulting (2007 -present)
Provide consulting services to local governments and private firms throughout
the United States, with an emphasis on comprehensive plan updates, land use
studies, and implementation programs. Services include the design and imple-
mentation of community outreach programs, data collection and analysis,
mapping and field research, policy development, and report authorship, editing,
and production. Recent clients include the cities of Albany, Berkeley, Martinez,
Oakland, San Leandro, Danville, Piedmont, Concord, Newark, Orinda, Fremont,
and Walnut Creek.
Washington, DC Office of Planning (2002 —2006)
Associate Director of Comprehensive Planning
Project manager for the first major revision of the District of Columbia's
Comprehensive Plan since 1984. Managed team of 11 consulting firms and $2.8
million budget, had primary responsibility for Plan authorship and mapping,
conducted more than 100 large public meetings, served as liaison to more than
65 public agencies, collected and analyzed long-range planning data, and
developed Plan goals, policies and actions.
ATTACHMENT 2-7
Barry Miller Consulting (1991- 2003)
Bachelor ,urban and
See description above. Completed projects include General Plans for San
Regional Planning
Planning (1981)
University of Illinois, Urbana-
Leandro, Palo Alto, San Juan Bautista, and Danville, California, the Comprehensive
Champaign
Plan for Walt Disney World, Florida (with Sedway Consulting); the Local Coastal
Plan for Half Moon Bay; Housing Elements for Milpitas and Piedmont, and the
Oakland General Plan and Zoning Ordinance revision.
Professional Affiliations
Member, American Planning
Sedway Cooke Associates San Francisco, CA
Association since 1983
Senior Associate (1989 —1990), Associate Planner (1986 -1989);
Member, Fellow of the American
Planner // (1985 -1986)
Institute of Certified Planners since
Principal planner on five comprehensive plans, and on selected elements of
1989
comprehensive plans in two counties. Team participant on a variety of
environmental, urban design, and implementation studies in California, Florida,
Civic Affiliations
Iowa, Ohio, Oregon, and Texas.
Chair, Oakland Parks and
Recreation Commission
(2009 -current)
Planning Research Corporation (PRC) Houston, TX
Project Planner (1983-1985) 1983-1985
Founding Member,
Conducted site analysis and land planning studies. Prepared feasibility reports
Claremont Canyon Conservancy
(2002)
for large-scale mixed use developments in Austin, Dallas, Denver, Houston, and
San Antonio. Principal author of plans for new towns in Texas and Nigeria.
Board Member,
Responsible for marketing of firm's comprehensive planning services in Texas.
Oakland Parks and Recreation
Foundation (2016)
CONTACT
2512 Ninth Street, Ste 8 * Berkeley, CA 94710 * 510-647-9270
barrvCa)barrvmiller.net
ATTACHMENT 2-7
04
Project List
General Plan Profiles (included on following pages)
• San Leandro
• Albany
• Piedmont
• Danville
• Fremont
• Newark
• Concord
• Washington DC
• Oakland
Other General Plan Experience (Profiles not included here)
• Palo Alto (2000)
• Orinda (Housing Element)
• Raleigh, NC
• San Juan Bautista
• Colusa County
• San Joaquin County
• Lake Buena Vista, FL
ATTACHMENT 2-8
San Leandro 2015 General Plan and 2035 General Plan
Barry served as the principal author and project manager of San Leandro's General Plan twice—
first from 1999-2002, and again in 2014-2016. Both updates included extensive data collection
and analysis, preparation of a new Land Use Map, development of policies and programs, and an
EIR. Barry prepared the EIR for the 2002 Plan, while another firm prepared the EIR in 2016.
Barry has also served as the City's Housing Element consultant for the last three cycles.
The first Plan Update was initiated in response to changing demographics, shifting land use
patterns, and urban design and economic development issues. More than 100 public meetings
were held, including a large "General Plan Fair" and several town meetings. Barry was
responsible for communication with elected and appointed officials, liaison with staff, and regular
meetings of a 56 -member General Plan Task Force. Major themes of the Plan include
conservation of older residential neighborhoods, development of transit villages around the city's
two BART stations, revitalization of the Downtown area, creative reuse of older industrial lands,
and reshaping auto -oriented shopping districts to be more attractive and pedestrian friendly. The
2015 San Leandro General Plan was recognized with the California Chapter APA Award of
Excellence in Comprehensive Planning for a small jurisdiction (2002).
The second Plan Update has focused on similar issues, but with an eye toward transforming the
City's economy and workplaces to reflect opportunities in technology and innovation. The new
Plan carries forward and updates many of the themes in the earlier Plan. It adds an Economic
Development Element, and updates policies to cover issues such as climate change, renewable
energy, and complete streets. Public input was solicited through four rounds of community
workshops and numerous presentations to City Commissions. The 2035 Plan anticipates
significantly more growth than its predecessor, with 5,500 housing units and 12,000 jobs anticipated.
Contact: Tom Liao (Deputy Community Development Director)
tliaon,sanleandro.org
(510) 577-6003
ATTACHMENT 2-9
Albany, CA General Plan Update
Albany is one of the most densely populated cities in California, with 18,500 residents in just 1.7
square miles. The city is known for its traditional neighborhoods, strong sense of community, great
schools, and engaged citizenry. In March 2013, Barry Miller was retained to update Albany's
General Plan, including the Housing Element. This was the City's first Plan update in over 20 years.
Over a two year period, Barry facilitated some 30 study sessions with the Planning and Zoning
Commission, the City Council, and other City Commissions to build consensus on new policies and
action programs.
The 2035 Plan includes strategies for reducing greenhouse gas emissions, improving conditions for
pedestrians and bicyclists, linking the city to its waterfront, and expanding affordable housing
opportunities. Most of the 825 new housing units anticipated by the Plan will be along San Pablo
Avenue, a high -frequency transit route planned for future service improvements. The Plan
envisions the Avenue's transformation into a walkable shopping street with new businesses, multi-
family housing, and enhanced public space.
The Albany 2035 General Plan was adopted on April 18, 2016. One of the unique features of the
Plan is a "Waterfront Element" providing policy direction for the Albany shoreline. The Element
includes policies to facilitate the transition of the shoreline from a former landfill into a major
regional park. It includes planning principles for future recreational uses, conservation activities,
climate change resilience, and transportation connections to nearby neighborhoods.
Contact: Anne Hersch, Planning Manager
ahersch(a,albanv_ ca.orV-
(510) 528-5765
ATTACHMENT 2-10
Piedmont General Plan
Barry Miller has served as Piedmont's on-call planning consultant for 25 years. In this capacity, he
has served twice as the Interim Planning Director and numerous times as the manager of special city
planning initiatives. These initiatives include a rewrite of the City's General Plan in 2007-2008, an
update of the Housing Element in 2002, 2009, and 2014, implementation of a citywide resident
survey, and development of an affordable second unit (in-law apartment) program.
Piedmont is a built out and well-established city of 11,000 residents. More than 70 percent of its
homes were built before 1940. The community faces long-standing issues relating to the character
of new construction, the needs of an aging population, the demand for affordable housing, the
management of traffic and parking, and the use of public parklands. The City's General Plan
addresses these issues through 200 policies and 135 action programs. As project manager, Barry was
responsible for completing background research, managing public input and conducting community
meetings, drafting the Plan, preparing required CEQA documents, and shepherding the Plan
through the adoption process.
As part of the Plan Update, Barry developed and administered a four-page mailback survey on local
planning issues. The survey was sent to every one of Piedmont's 4,000 homes. One third of all
households replied, providing an unprecedented volume of input on which to base Plan policies. In
response to survey feedback, the new Plan included a Sustainability Element and a Community
Design Element. Barry also worked with City staff to develop a program allowing residents to
develop rent -restricted in-law units as a strategy for producing affordable housing. Piedmont used
this program to successfully obtain certification of its Housing Element and is one of the only Bay
Area cities to actually achieve the affordable housing targets established by ABAG for 2007-2014.
Contact: Kevin Jackson, Planning Director
kj ackson(a,ci.piedmont. ca.us
(510) 420-3063
ATTACHMENT 2-11
Danville General Plan
Update
Barry Miller was retained by the Town of
Danville in 2010 to manage preparation of
the Town's 2030 General Plan. Barry had
previously served as the lead consultant on
the Town's 2010 Plan, which was adopted
in 1998, and was brought back to manage
the update. The new Plan moves the
planning horizon 20 years forward and
retains many of the policies initiated in the
1990s.
Danville is a mostly residential community
of 42,000 people located 30 miles east of
San Francisco. The Town covers 17 square
miles and is highly regarded for its historic
downtown, excellent community services,
scenic character, and high quality of life.
At the same time, its location in the San
Ramon Valley creates pressure for
additional housing and commercial
development. Danville's vision is to
accommodate a moderate amount of
growth while preserving its small town
ambiance.
The Plan Update began with a "factual
update" which brought the 1998 baseline
data and narrative in the existing General
Plan up to 2011. New topics were added
to respond to state laws and emerging
issues. Monthly study sessions were held with the Planning Commission and Town Council to
revisit the 1998 Plan's policies and identify possible new directions. New sections were added to the
General Plan, including a Sustainability Sub -Element, an Economic Development Sub -Element, and
a Mobility Sub -Element. A number of changes to the Town's Land Use Map were made, enabling
the Town to meet its regional housing needs mandate.
The new Plan places a greater emphasis on sustainability and compact development. It explores
ways the Town can be greener, balance job and housing growth, become more walkable, and reduce
dependence on the automobile. Growth under the new plan will be much more focused, with
higher densities accommodated on vacant and underutilized sites near Downtown Danville.
Contact: Kevin Gailey, Planning Manager
kgaileyg,ci.danville. ca.us
(925) 314-3305
ATTACHMENT 2-12
'AE
Fremont General Plan
Update
Fremont is the fourth largest city in the San
Francisco Bay Area, with 215,000 residents
spread across 90 square miles. The City was
formed by the merger of five small villages in
the 1950s, and was planned as a suburban "new
town." As it approaches buildout, Fremont is
seeking to reinvent itself. In 2008, the City
Council officially adopted the goal of becoming
the national model for transforming an auto -
oriented suburb into a strategically urban,
modern city. The General Plan focuses on ways
to achieve this goal, while respecting neighbor-
hood character, maintaining public services, and
preserving the natural environment.
Barry Miller was initially retained by the City in
2007 to prepare a detailed work program for the
City's General Plan Update. His scope was
expanded to include preparation of the Land
Use Element, the Mobility Element, and a
separate 11 -chapter "Community Plan
Element." Barry incorporated input from over
30 City Council study sessions into the project,
working closely with staff to help create a
responsive, innovative and highly usable
General Plan. Barry worked as an extension of
staff during this project, and was stationed on
site in the Planning Department during key
work tasks.
The new Fremont General Plan was adopted in December 2011. It accommodates 12,000 new
homes and 40,000 new jobs over the next 20 years. The Plan directs growth to the City's existing
rapid transit (BART) station as well as two new stations set to open in 2016. It also seeks to enliven
the City's Downtown Area by focusing growth in a new "City Center" with civic uses, cultural
amenities, and higher density mixed use development designed to encourage walking and transit
access.
In 2012, the Fremont General Plan received the "Outstanding General Plan Award of Merit for a
Large City" from the Northern California Section of the American Planning Association. The City
subsequently retained Barry to update commercial and mixed use zoning district regulations, and to
facilitate Housing Element workshops for the 2015-2023 update.
Contact: Dan Schoenholz, Deputy Community Development Director
dschoenholznfremont.gov
(510) 438-9036
ATTACHMENT 2-13
Newark, CA General Plan Update
Barry Miller, in partnership with The Planning Center(TPC)/ DC&E, was retained to update the
Newark General Plan. Barry had primary responsibility for drafting the Plan, while TPC/DC&E
produced the EIR and managed the CEQA process. The Plan Update was characterized as a "tune-
up", since it retained the vision embodied by the 1992 General Plan and made minimal changes to
the Land Use Map. The key objective was to update the baseline data, incorporate recent planning
studies and policy documents, and move the planning horizon forward from 2010 to 2035.
Prior to starting on the project, the City contracted with the City and Regional Planning Department
at Cal Poly -San Luis Obispo to engage its second year graduate students in a "studio" class laying
the groundwork for the Plan Update. Students collected much of the existing conditions data,
conducted a land use survey, and held community workshops during the first semester. During the
second semester, they developed and evaluated Plan alternatives and prepared policies for future
consideration. The student work provided an excellent foundation for the next phase of the project,
which involved consultant assistance to produce the Plan and a full EIR.
The updated Newark General Plan includes several new components, including a Health and
Wellness Element and an Economic Development Element. It incorporates new policies on
climate change, sustainability, complete streets, and other topics not addressed by the 1992 Plan.
The new Plan accommodates approximately 6,000 new housing units over a 25 -year period,
corresponding to development in previously approved Specific Plan areas located on the perimeter
of the city. These are characterized as "Focus Areas" in the Plan and include more detailed direction
to guide future land use and transportation decisions. The Plan also seeks to improve Old Town
Newark, the historic center of the City, and to sustain NewPark Mall as a major regional center.
Contact: Terrence Grindall, Assistant City Manager
Terrence.V-rindall(&newark.org
(510) 578-4208
ATTACHMENT 2-14
Concord, CA Zoning Update and General Plan Amendment
In 2011, Barry Miller was retained by the City of Concord to manage the update of the Concord
Development Code, including the zoning regulations and other aspects of the Municipal Code that
regulate development. The existing Code had not been comprehensively updated in almost 60 years.
The Code Update included creation of new zoning districts which implemented the 2030 Concord
General Plan. The new districts move the city toward denser, transit -oriented development, with a
strong emphasis on mixed uses. Barry worked on-site as contract staff for this assignment.
The Development Code project includes several components, including zoning regulations, new
Zoning Maps, General Plan text and map amendments to maintain internal consistency with the
new Code, and environmental review. The Code includes many new provisions, including
incentives for affordable housing, a new transit station overlay district around the City's two BART
station, special airport safety regulations in the vicinity of the Buchanan Field Airport, and natural
resource protection measures.
In his capacity as project manager, Barry was responsible for ensuring the timely completion of the
project. He managed environmental review, completion of the General Plan Amendments, and
public presentations and community outreach. Barry also authored the affordable housing incentive
program, updated the density bonus and inclusionary housing regulations, prepared standards for
small lot subdivisions, and has provided quality control over other sections of the Code.
Prior to his work on the Development Code, was a subcontractor to Arup (a San Francisco
consulting firm) on the Area Plan for the former Concord Naval Weapons Station. He was
responsible for a major General Plan Amendment, and authored chapters of the Area Plan on
infrastructure, resource protection, and public services.
Contact: Carol Johnson, Planning Manager (now Community Development Director for
Berkeley)
cj ohnson(&,,cityo f berkeley.info
(510) 981-7400
ATTACHMENT 2-15
Washington, DC
Comprehensive Plan
Barry Miller was hired by the District of
Columbia to manage the update of the
Comprehensive Plan for the National
Capital. This major undertaking required
Mr. Miller to relocate from Oakland to
Washington DC from 2002 to 2006 and
devote 100 percent of his time to this
project.
The Plan Update began with a year-long
Visioning process. After extensive
community input—including a Mayoral
Summit attended by 4,000 residents—the
District published "A Vision for Growing an
Inclusive City." As co-author of the Vision,
Barry's challenge was to distill research
completed by some of the country's leading
academics and consultants into a quick, easy -
to -read primer. The result was an easy -to -
read book, focused on ideas for building
successful neighborhoods, connecting the
city, and enhancing access to education and
jobs for all Washington residents. One of its
targets was to reverse decades of population decline and grow the population by 100,000 residents in
20 years (that milestone was achieved in 2014 --just 10 years later.)
Creating a more equitable city that works for everyone will require more than irdvidual strategies. Wei I need a wllectire riy
The Comprehensive Plan Update was launched in 2004 and was completed in two years. The
document consists of three volumes, including citywide elements (land use, transportation, housing,
etc.), area elements (focusing on 10 geographic subareas), and an implementation element. The Plan
also included two large maps, including a land use diagram and a "policy map" which highlights
areas where change is expected. More than 800 amendments to the prior plan's land use diagram
were processed, remedying long-standing map discrepancies while facilitating growth around the
City's Metro stations. The Plan incorporated extensive input from the City's 39 Advisory
Neighborhood Commissions and a 24 -member Citizens Task Force. The website established for
the project received more than two million hits.
Barry managed a full-time staff team of four planners, an extended staff team (not assigned full-
time) of 12 planners, and a team of 11 consultants. He served as the Plan's primary author and
spokesperson, making frequent presentations to the DC City Council, community and
neighborhood groups, and stakeholders. The Plan received a "Vision" Award from the Committee
of 100 for the Federal City and an Award of Excellence in Comprehensive Planning from the
National Capital Chapter of the American Planning Association.
Contact: Rosalyn Hughey, Deputy Director. (now Assistant Planning Director, City of San Jose)
rosalynn.hugheynn,sanj oseca.gov
408-535-7911
ATTACHMENT 2-16
City of Oakland Planning Services
Barry has had an ongoing consulting relationship with the
City of Oakland since 1992. Highlights of his work for
the City are provided below. All three of these projects
received awards from the American Planning Association.
Oakland Open Space, Conservation, and Recreation
(OSCAR) Element. Barry Miller worked as contract staff
to the Oakland Planning Department from 1992 to 1996,
managing the Open Space, Conservation, and Recreation
Element of the General Plan. In this capacity, he prepared
an inventory of Oakland's natural resources, developed
policies to manage Oakland's parks and undeveloped lands,
and drafted implementation measures to increase park
acreage in the city. The Plan included management
guidelines for 120 city parks, as well as programs for
shoreline access, creek restoration, hillside and wetland
protection, habitat restoration, energy and water
conservation, air and water quality improvement,
acquisition of sensitive lands, new funding sources, park
zoning, and park maintenance.
Oakland Land Use and Transportation Element
(LUTE) and Environmental Impact Report. Barry served as project manager for the first phase
of the General Plan Update. He subsequently managed the LUTE environmental impact report,
and drafted the impact assessments for land use, housing, employment, public services, and visual,
biotic, and historic resources. He also played a key role in the assessment of land use alternatives,
the development of land use policies, and the facilitation of community meetings. Barry coordinated
the work of several subcontractors, including those addressing transportation, air quality, and noise
impacts. He provided subsequent services on the Oakland Estuary Plan EIR.
Oakland Zoning Update. From 2007 to 2011, Barry was retained by the City of Oakland to
manage the update of the City's Zoning Maps, develop communication and outreach materials for
the Zoning Update, and provide peer review and guidance on an overhaul of the City's Zoning
Ordinance led by the City's Strategic Planning Division. As the Manager of the mapping
component, Barry was responsible for determining best fit zoning designations on 110,000
properties. His work included the rezoning of over 25,000 of these properties to substantially new
categories, helping to achieve the General Plan vision of a revitalized waterfront and Downtown,
denser transit -oriented corridors, and stable, diverse neighborhoods. Innovative mapping tools were
used to clearly convey what was changing and what was staying the same. Draft maps were posted
on-line and residents could comment with one "click." Barry also prepared a series of "Youtube"
videos highlighting the provisions of each zoning district. The project was the recipient of the APA
Northern Section "Hard Won Victories -Award of Merit."
Contact: Darin Ranilletti, Acting Director, Bureau of Planning
dranellettina,oaklandnet.com (510) 238-3663
ATTACHMENT 2-17
05
Critical Evaluation of Existing Plan
The City's Request for Qualifications asks for a brief summary of each bidder's review of the 2020
San Rafael General Plan. This section of the SOQ provides an overview of my preliminary findings
and observations.
One of the first tasks of the work scope would be a more comprehensive review, informed by
interviews with City staff and stakeholders, an assessment of City resources, and a more thorough
"audit" of each policy and action. The Community Development Department itself has already
completed a detailed review in its February 6, 2017 report to the City Council. My remarks below
also reflect a review of that document, but from the perspective of someone who has worked on
General Plans in other cities with limited exposure to how San Rafael's Plan works in practice.
Overall Comments
San Rafael has a long tradition of comprehensive planning, and this is reflected in the high quality of
its existing General Plan. The Plan is well organized, clear and easy to read, and technically sound.
The large number of residents engaged in the 1998-2004 Update has served the City well and has
familiarized the community with the role and importance of a General Plan. The Plan appears to be
working well in practice. As the City itself has observed, there is no need to "reinvent the wheel."
The principal tasks are to update baseline data to 2017, extend forecasts to 2040, update
implementing actions, and provide policy guidance on emerging issues.
There may be opportunities to improve the functionality of the Plan as this process unfolds. This
can be achieved in part through strategic reorganization of some of the elements, including
combining complementary topics so there are fewer chapters. It can also be achieved through
reformatting to give the Plan a more contemporary look, increasing the use of photos and
infographics, and improving the quality of some of the maps. It may also be time to revisit the Land
Use Map, which has an unusually large number of categories including some which apply only to a
handful of properties or specific places in the city.
The absence of "existing conditions" information in the Plan is noteworthy. Most General Plans
include a relatively large amount of narrative describing current conditions, issues, and anticipated
future conditions. San Rafael's Plan includes some narrative, and includes an appendix with more
detailed information on specific topic areas (such as housing), but this information is largely missing
from the chapters themselves. The result is a shorter plan, which is generally a positive quality.
However, the downside is that there is no context for many of the policies and there is a dearth of
data in the document. It may be worthwhile to add slightly more baseline data and narrative to the
document, provided that this is done judiciously and does not result in an excessively detailed or
lengthy plan.
ATTACHMENT 2-18
One of the strongest attributes of the 2020 General Plan is that it has clear implementing actions,
with responsible agencies, timeframes, and potential funding sources listed for each program. This
makes the plan easier to carry out and monitor, and provides built-in metrics for the annual progress
report and other measures of effectiveness. However, it also means the Plan can become out of
date quickly as actions are completed. One of the major tasks in updating the Plan will be to revisit
each action and determine whether it remains relevant, or requires replacement or editing.
Prioritizing the actions may become an important role of the Steering Committee.
The existing Plan could also benefit from the addition of a "Framework" chapter or something that
provides a discussion of the forces driving change in the City. For example, how will demographic
changes (such as the "silver tsunami" and aging of the population) affect San Rafael's future? How
will changes in technology, including driverless cars and the restructuring of the workplace, affect
the city? How will climate change and sea level rise affect shoreline properties and areas such as the
Canal neighborhood? A simple chapter following the Introduction that provides this context might
be helpful. While the Plan has an inspiring and poetic vision statement, it does not offer a view of
how the City might change in 20 years.
In terms of possible ways to reorganize or streamline content, the following might be considered:
• Incorporate some sections of the Neighborhoods Element into the Land Use Element. The
"Neighborhoods" Element appears to be serving two functions right now—it includes
citywide policies for all neighborhoods, and place -based recommendations for defined
geographic areas. These two functions are not incompatible, but some of the citywide topics
might be better covered in the Land Use Element. Presently, the Land Use Element
functions more like a Growth Management Element and does not cover the breadth of
subjects one usually finds in that chapter. The latter part of the "Neighborhoods" Element
is essentially a high-level summary of existing sub -area and neighborhood plans, combined
with general guidance for specific areas that lack such plans. There may be other ways to
organize this material.
• Combine the Safety and Noise Elements. The City could consider merging the Safety and Noise
Elements into an "Environmental Hazards" Element.
• Combine the Conservation, and Air and ilaterQuality Elements. The City could merge the
Conservation Element and the Air and Water Quality Element, as these are compatible and
integrated topics.
• Combine Parks and Recreation with the Open Space Element. This seems like a logical merger,
particularly given that the open space element is a short chapter, and that parks and
recreation are recognized by the Government Code as one of the major uses of open space.
• Consider redistributing the Governance Element into other chapters of the Plan. While San Rafael is not
the only city in California to have a Governance Element, this chapter is somewhat unusual
and combines topics that are not clearly related to each other. While some of the topics are
governance -related (citizen engagement, diversity, etc.), others seem like they might fit better
in a "Community Services" Element (e.g., education, special needs services). These topics
could potentially be combined with "Infrastructure", while more traditional governance
topics might be addressed through narrative or other documents (such as a Strategic Plan).
ATTACHMENT 2-19
There is no "magic number" for the number of elements a General Plan should have. However, the
current large number of chapters makes it a bit challenging for a user to know where to go for
guidance on a particular policy issue. This issue should be fleshed out further as the Work Program
for the update is developed.
Specific comments on Plan chapters or elements follow:
Introduction
The Plan Introduction is well-written, logically organized, and solid. The description of the
prior community engagement process is impressive, and communicates to the reader that this is
a grass-roots citizen -driven plan.
The key goals and themes highlighted by the introduction should be revisited with an eye toward
new topics such as technology and climate change.
Land Use
• As noted earlier, the Land Use Element is currently a less substantial chapter than it might be
given that most land use policies actually appear in the Neighborhoods Element. Some
contextual data on existing land uses, land use issues, and the overall structure and form of the
city would helpful.
• The narrative seems to understate the amount of change that may occur in the future (the text
notes that "the city will not grow significantly" and will "avoid intensification"). Given the
focus on preserving the status quo, it is a bit surprising to see forecasts for 3,500 additional
housing units (and potentially 5,900 jobs in the 2040 ABAG forecasts). The City will clearly
need to address issues relating to density, height, and the character of new development in its
Plan Update. This is especially true Downtown, and in the SMART station area(s).
• There are interesting policies related to community benefits (allowing additional density for
public amenities) that could be fleshed out further in the Plan Update.
• Current floor area ratios and densities are relatively low, particularly compared to other Bay Area
cities of comparable size and prominence to San Rafael.
• The existing Plan does not reflect the extent of change happening in the Downtown area, the
current project "watch list", and issues like the potential relocation of the transit center. A
substantial effort (and potentially a new Specific Plan or Area Plan) may be needed to provide
clear guidance for Downtown.
• The Land Use Map has an unusually large number of categories (27). Typically, General Plan
Maps have 15 to 20 categories. Some of the categories appear to have been created through area
plans and other planning processes, and might be consolidated—particularly those that only
apply to a handful of parcels or a limited geographic area. Zoning and other planning tools
could potentially be used to more prescriptively guide land use decisions in these areas.
• The large number of "office" categories (or categories referencing "office" as a primary use) is
very unusual. Many cities are phasing out office designations entirely, in favor of mixed use
designations that provide more flexibility and recognize the changing nature of the office
market. More use of "mixed use" designations might be considered.
ATTACHMENT 2-20
• Residential densities are somewhat low relative to best practices in the Bay Area, although this
could create opportunities for incentives through density bonuses for community benefits.
• Some consideration should be given for switching from a gross density standard to a net density
standard in the residential categories, given that most future development will occur on infill
sites.
Neighborhoods
• As noted earlier, some of the content of this Element would ordinarily be in the Land Use
Element. At the same time, the "roll -up" of neighborhood plans is helpful and it seems
reasonable that this content stands on its own within a separate chapter.
• Because some of the policies are based on neighborhood plans and some were developed
through the general plan, there are different levels of detail from neighborhood to
neighborhood. This is not necessarily a problem, but it is a noticeable feature of this chapter.
Areas like Downtown and Loch Lomond Marina have prescriptive language, while other areas
have much more general guidance.
• There is considerable overlap between this chapter and the Community Design chapter. Some
consideration could be given to moving policies that apply more broadly to that chapter or to
eliminating redundant or overlapping policies.
• The integration of Station Area plans will need to be considered through the General Plan
Update.
Housing
• This Element is current and meets the requirements of the Government Code. Some
"housekeeping" may be needed if changes to the Land Use Map occur during the Plan Update,
but otherwise a major update of this element will not be required until 2022.
• I would advise against creating a "Homelessness Element," a suggestion that was made in the
City's evaluation of the current plan. Homelessness is a regional issue that requires multi -
jurisdictional solutions and efforts, and would be best addressed through a collaborative effort
involving other cities and service providers.
Community Design
• This Element provides good guidance on a range of urban design topics, including gateways,
signage, corridors, hillsides, and the public realm. It also provides a good framework for design
guidelines. Again, the presence of design policies in the Neighborhoods Element could create
some redundancy and confusion for Plan users, but the Element does clarify that the
Neighborhoods Element policies are place -based.
• As with the other elements, it might be helpful to provide contextual information about San
Rafael, and the major features defining the city's form (topography, views, shoreline,
neighborhoods, etc.)
ATTACHMENT 2-21
Economic Vitality
• This Element is clear and straight -forward, but may benefit from a refreshing of policies and
action programs. Some of the topics usually covered by Economic Development Elements are
missing, including marketing and branding, policies for business attraction, and creating a
business friendly environment.
• Since it was last updated in 2004, the Plan also does not address the need for broadband / fiber
access, and other technology considerations.
• The Plan does not address recent trends in the work environment such as co -working, expanded
telecommuting, and the emergence of the creative/knowledge-industry sector in the Bay Area.
Circulation
• The Community Development Department has pointed out several areas where this Element
will need to be reorganized or edited, including changes related to SB 743, TAM'S Congestion
Management Plan, and the first phase (and future phases) of the SMART train. Recent updates
to the Pedestrian and Bicycle Plan also will need to be reflected.
• In general, the existing Element promotes multi -modal transportation and does a good job of
balancing auto -related needs with the needs of transit users, pedestrians, and cyclists. However,
it does not fully reflect complete streets requirements (AB 1358) or the guidance provided by the
Metropolitan Transportation Commission to design streets for all modes of travel.
• Regardless of how the Element handles Level of Service (LOS) standards vs Vehicle Miles
Traveled (VMT) standards, it should reflect the City's climate action goals of reducing vehicle
trip lengths and reducing vehicle -related greenhouse gas emissions. The Element's policies
already do this to a great extent, but not with this goal explicitly stated.
• The focus on connectivity in the existing Plan is forward thinking and should be carried forward.
• Much of the data in this plan references 1990 and 2000 time periods. This will need to be
updated to reflect the best available data. New traffic counts, forecasts, and modeling will need
to be done as part of the CEQA process for the Plan update based on revised land use forecasts
and regional conditions.
• The impacts of new technologies, such as autonomous vehicles, will need to be considered.
• The effects of ridesharing services (Uber, etc.) and bikesharing will need to be discussed.
• It may be a good time to revisit parking policies, both for Downtown (where a parking study has
been done) and in the SMART station areas.
Infrastructure
Although this is not a mandated element of the General Plan, the topics it covers are important
to the quality of life, as well as the management of future growth.
The City may want to add new topics such as telecommunication infrastructure. Infrastructure
maintenance also should be a focus.
ATTACHMENT 2-22
Governance
As noted in earlier comments, this optional chapter addresses a number of loosely connected
topic areas. Some of the content is aspirational and does not lend itself well to General Plan
policies (creating future community leaders, etc.). Other content is related to community
services, or specific segments of the population with special needs. This might be covered in
another element of the Plan.
Sustainability
• This Element was not available to download through the City's website. However, it is
essentially a "roll -up" of Climate Change Action Plan (CCAP) policies in a format consistent
with the other elements of the General Plan.
• Many of the CCAP actions have a horizon of 2020. New targets will need to be set, consistent
with State climate goals. It will be important to coordinate revisions to the CCAP with revisions
to the Sustainability Element, recognizing that subsequent amendments to this element may be
needed once CCAP is updated.
Culture and Arts
• The scope of this chapter will need to be expanded to more thoroughly address Native
American resources, and to include policies to protect such resources in a manner consistent
with SB 18 (passed by the legislature after the last General Plan was adopted).
• The historic preservation policies are a bit "light" and could be strengthened. In addition, the
presence of preservation policies in this Element as well as the Community Design Element
tends to diffuse the topic a bit.
• As the City has noted, the inventory of historic and other cultural resources needs to be updated,
although this is not critical to the General Plan Update and would not typically done as a
General Plan task.
• Other aspects of the role of culture in the City, such as festivals, concerts, art, and performance,
could be elevated in this chapter. The economic contribution of culture could be acknowledged,
and policies to promote cultural tourism and the arts industry (including subjects like artists'
housing and affordable space for the arts) could be added.
Parks and Recreation
This Element is generally solid. It could benefit from updated discussion of recreational needs
in the City, trends in service delivery, and parts of the City that may be underserved by particular
park types or facilities. Updated information on program delivery and issues such as park
programming, park maintenance, dog parks, and the impacts of demographic changes on
recreational needs should be considered.
• Like other chapters of the Plan, references to specific capital improvements and "planned"
projects are dated and will need to be replaced.
ATTACHMENT 2-23
Safety
• The element requires minor "clean up" to incorporate current references and update action
programs. The data on fire hazards will need to be updated to reflect the requirements of SB
1241 with respect to the mapping of Very High Hazard areas in General Plans.
• An important part of the Local Hazard Mitigation Plan (LHMP) is to achieve consistency with
the General Plan. Since the City is anticipating completing a new LHMP soon, it is an
opportune time to incorporate mitigation policies into the new Safety Element.
• The topic of resilience is now commonly addressed in General Plans (and is required by SB 379),
with a focus on disaster preparedness, response, and recovery. Additional information on these
topics may be needed to keep this element relevant.
• Updated information on sea level rise will need to be included, including policies informed by
the recent BayWAVE Vulnerability Assessment. New policies related to adaptation may be
needed.
• Text on hazardous materials will need to be updated to reflect current regulatory requirements
and conditions with respect to data on hazardous materials use, storage, and disposal in the city.
Noise
• As noted earlier, this element could potentially be combined with "Safety" and rebranded as an
Environmental Hazards Element.
• Data in this chapter will need to be updated, with new noise measurements and new contour
diagrams for existing (2017) and future (2040) conditions.
• The noise impacts of the SMART train will need to be considered, with new policies added as
appropriate.
• Additional policies on nuisance noise sources (leaf blowers, etc.) may be helpful.
Open Space
• As previously noted, this Element could potentially be combined with the Parks and Recreation
Element. The basic policy framework should not require major changes.
Conservation
Given that the City now has a Sustainability Element, some of the topics in this chapter are
addressed in two places. Subjects like energy conservation might be better covered by
sustainability, leaving this chapter to focus on natural resources.
The Natural Resource policies are generally sound, but will need to be updated to reflect current
rules and regulations, recent wetland conservation and habitat planning efforts, sea level rise, and
other factors.
Air and Water Quality
As noted earlier, this Element could potentially be combined with Conservation. It will need to
be updated to avoid overlap with the Sustainability Element and to incorporate current
references to stormwater permitting and water quality regulation (as well as recent BAAQMD
plans).
ATTACHMENT 2-24
06
References
Tom Liao, Deputy Community Development Director for San Leandro
510-577-6003
tliaon,sanleandro.org
Jeff Schwob, Community Development Director for Fremont
510-494-4527
j schwobnfremont.gov
Rosalyn Hughey, Assistant Director
Department of Planning, Building, and Code Enforcement, City of San Jose
408-535-7911
rosalynn.huV-hey@,sanj oseca.gov
Kevin Jackson, Planning Director for Piedmont
510-420-3063
kj ackson(a,ci.piedmont. ca.us
Carol Johnson, Planning Director for Berkeley
510-981-7411
cj ohnson(acitvofberkelev.info
Victoria Walker, Community Development Director for Concord
925-671-3434
Victoria.walker(acitvofconcord.orLy
Anne Hersch, City Planner
510-528-5768
aherschna,albanyca.org
COMMUNITY MEMBER REFERENCES
Teddy Gray King, Councilmember (and former Task Force Member), City of Piedmont
510-450-0890
tking(a ,ci.piedmont. ca.us
Alexa Hauser, Chair, City of Albany Diverse Housing Working Group
City of Albany
alexahhhna,sonic.net
ATTACHMENT 2-25
07
Availability
Barry Miller's current work commitments are as follows:
• Project Manager for Fairview Specific Plan (Alameda County): 400 hours (Mar 2017 -Feb 2018)
• Walnut Creek West Downtown Specific Plan Editing: 100 hours
• Washington DC Comprehensive Plan Amendments: 300 hours (Mar 2017 Jun 2018)
• Concord CA Rent Mediation Ordinance: All work to be completed by May 2017
• On -Call Contracts with Piedmont, Fremont, Berkeley, and Martinez: Flexible time
commitments, task orders as needed. All current task orders are completed or will be completed
by June 2017.
I have no outstanding proposals for services pending, and would regard the San Rafael General Plan
as my primary work assignment from June 2017 through the project's completion.
The assignments listed above would allow me to devote at least 50 percent of my time to this project
between June and December 2017, and up to 80 percent of my time in 2018 and 2019. I would
expect that the actual number of hours I would spend on the project in 2018-19 would be less than
80 percent of my time, however, enabling me to consider other concurrent consulting opportunities.
Based on my prior experience, I would estimate the project would require 40% time for the balance
of 2017, 50-60% time in 2018, and 40-50% time in 2019. I could conceivably spend some of my
remaining available time on other City of San Rafael projects, such as a Downtown Specific Plan.
ATTACHMENT 2-26
os
Fee Schedule
Effective July 1, 2017, Barry Miller's Regular Billing Rate will be $135/ hour.
In the event Barry is retained as a limited duration contract employee (e.g., a W-2 employee) with a
fixed number of hours per week and a regular (8:30-5:00) schedule, a lower rate may be negotiated.
Barry does not bill for travel time for clients within 50 miles. All material expenses are charged at
cost, with no administrative mark-ups. Barry also charges no administrative mark-up fees for any
subcontractors over the course of the project. Billing is typically done monthly, with an itemization
of hours worked each day, and a short narrative description of the tasks performed each day.
Barry Miller's Insurance Coverage is as follows:
General Commercial Liability
•
$1,000,000 Each Occurrence
• ,$1,000,000 Personal &Adv Injury
•
$2,000,000 General Aggregate
•
$2,000,000 Products Comp/ Op Aggregate
• $1,000,000 Combined Single Limit Automobile Liability
Professional Liability
• x`1,000,000 Error dam' Omissions/ Professional Liability
ATTACHMENT 2-27
SAN RAFAEL GENERAL PLAN 2040
PROJECT MANAGEMENT CONSULTANT SCOPE OF WORK
June 6, 2017
Exhibit A: Scope of Work
The City of San Rafael is initiating three-year process to update its General Plan. Barry Miller
will serve as the project manager, working as an extension of Planning Department staff to
manage General Plan -related communication and administration, and to produce key
deliverables associated with the project, including the Draft and Final Plan documents.
The work scope is organized into three major phases. A start date of July 1, 2017 is envisioned.
Phase One corresponds to the first year of the project (July 1, 2017 to June 30, 2017); Phase Two
corresponds to the second year (July 1, 2018 to June 30, 2019); and Phase Three corresponds to
the third year (July 1, 2019 to completion, which will be prior to June 30, 2020). These dates are
approximate. A detailed scope of work and list of tasks will be prepared early in Phase One
and will provide further detail on the tasks identified here. The purpose of the Exhibit A scope
is to more generally identify the services to be provided, in order to frame a service agreement
for the first year of the project that can be renewed for Years Two and Three.
As noted under the task descriptions below, Barry Miller's services will be supplemented by
technical consultants to be procured by the City through separate agreements. As requested,
Barry Miller will manage those agreements on the City's behalf. The supplemental agreements
will include the retention of a transportation consultant and a consultant to prepare an
Environmental Impact Report (EIR) for the General Plan, potentially with sub -consultants
addressing specific technical issues such as biology and cultural resources. Because many of
the General Plan and EIR tasks overlap, this work scope identifies tasks to be performed by
Barry Miller that will inform and support the EIR. Preparation of the EIR itself is outside Barry
Miller's scope.
Each phase of the project includes several major tasks. These are summarized in Table A-1
below. The division of the tasks into Years One, Two, and Three should be flexibly
interpreted—some of the Year One tasks will likely continue into Year Two, and some of the
Year Two tasks may start in Year One. The intent is to provide an outline of the responsibilities
covered by the initial Master Services Agreement before a detailed work scope is developed.
Barry Miler will provide the services described herein at a rate of $135/ hour.
San Rafael 2040 General Plan 2-1 June 6, 2017
Proposed Scope of Work for Barry Miller Consulting
Table A-1: General Plan Phases and Major Tasks
Timeline
Task
Description
Year One
1
Reconnaissance
2
Development of Detailed Work Program and Subcontractor
Scopes
3
Community Engagement, Phase One
4
Data Collection and Analysis
5
Policy Audit
6
Retention and Management of Subcontractors
7
Develop General Plan Maps
Year Two
8
Test General Plan impacts on Transportation, Air Quality,
Noise, Greenhouse Gases, Public Facilities, and Other
Variables
9
Development of Narrative Text, Policies, and Programs—
including alternatives
10
Prepare Draft General Plan Document
11
Manage Subcontractors and co -produce technical reports and
Draft EIR
12
Community Engagement, Phase Two
Year Three
13
Plan Adoption
14
Revisions to Document and Production of Final Plan
On-going (all phases)
15
Project Management and Administration
16
Supplemental Plans and Initiatives
The 16 tasks listed above are described in general terms below:
PHASE ONE / YEAR ONE
Task 1: Reconnaissance
The purpose of this task is to lay the groundwork for the General Plan Update. It is an
opportunity for Barry Miller to meet with City staff, City leaders, and community members to
gain insight into project issues and expectations. It also an opportunity to define project
logistics, establish communication protocols, develop base maps, assemble data, and begin
community outreach.
The task includes the following:
0 Staff -level kickoff meetings, both with Planning and other Departments
San Rafael 2040 General Plan 2-2 June 6, 2017
Proposed Scope of Work for Barry Miller Consulting
• Review of Relevant Planning Documents, including Planning Department library
documents, paper and electronic files, archival materials, and plans and programs that may
inform the General Plan Update.
• Preliminary discussion of options for General Plan organization and content
• Introductory Presentations to City Council and Commissions (see Engagement strategy in
Task 3 below)
• Discussions regarding "interim guidelines" and how to handle applications received during
the General Plan update
• Assistance in selecting Citizens Advisory Committee members and ground rules for CAC
meetings
Task 2: Development of Detailed Work Program and Subcontractor Scopes
Barry will prepare a detailed work program for the General Plan Update, including complete
descriptions of each task, deliverables, schedules, and critical path items. The work program
will be vetted with staff and other appropriate parties prior to commencing work on individual
tasks. Revisions will be made as needed to incorporate feedback.
In addition to laying out key tasks, the work program will include:
• A Graphics Strategy, identifying graphics, diagrams, and photos that may be needed over
the course of the project, and an assessment of document design and production needs and
resources.
A Mapping Strategy, including an assessment of City GIS and mapping resources, spatial
analyses to be performed over the course of the General Plan Update, maps to be
produced, and a method for producing them. One option to be explored will be to retain a
part time intern who would work under Barry's supervision on mapping and graphics
tasks.
A Community Engagement Strategy (see Task 3 below)
Preliminary work scopes for future sub -consultants, suitable for inclusion in future RFPs or
RFQs. This would include scopes of work for specific disciplines, such as an
environmental consultant, a transportation consultant, and an economist.
Task 3: Community Engagement, Phase One
Barry Miller will prepare and implement a community engagement strategy. The strategy will
provide further detail on methods for soliciting and managing public input, and informing the
public about the planning process and proposed policies. The strategy will cover engagement as
well as outreach. This distinction is important—informing the community about the Plan
(outreach) is essential, but meaningful engagement is the ultimate goal.
The engagement strategy is expected to include the following components:
San Rafael 2040 General Plan 2-3 June 6, 2017
Proposed Scope of Work for Barry Miller Consulting
• A project website (to be hosted by the City, ideally with its own URL but linked to the City's
website)
• Regular updating of website content, news stories, document links, and e -blasts
• Web -based engagement tools, which enable the public to complete surveys, access
information, weigh in on policy questions, and provide feedback on Plan issues
• Project -related branding, logos, and taglines
• Briefings to the City Council and City Commissions
• Regular meetings (roughly one per month) of a Citizens Advisory Committee
• "Town -Hall" style meetings
• Outreach to community organizations and business groups
• Meetings with individual stakeholders
• Focused engagement for non-English speaking residents and other groups that historically
have been under -represented in the planning process
• Meetings with other agencies, such as San Rafael City Schools and TAM
• An "internal" communication strategy aimed at City staff, particularly departments that
may be impacted by the General Plan outside of Community Development
• Development of "collateral material" (informational materials designed for broad
distribution), press releases, social media, video, and print media—including materials in
Spanish and other languages as appropriate
• Preparing project -specific displays or materials needed for venues such as the Downtown
Farmer's Market and Marin Art Festival
Once the engagement program is drafted, Barry will begin implementation. Barry will staff the
CAC meetings and will be responsible for agenda preparation, meeting handouts and
background materials, presentations, and meeting summaries, and will serve as the point of
contact for the CAC. The CAC is likely to meet once every one to two months during the first
year of the project. Initial meetings would focus on goal setting and visioning, while later
meetings would focus on specific policy topics (such as transportation and open space) and
review of draft policies.
In addition, at least two large "Town Hall" style meetings are anticipated during the first year
of the Update. Barry will manage these meetings and prepare necessary announcements,
presentations, meeting materials, and summaries. Barry also will be responsible for ongoing
updates to the project website and the management of feedback generated through web -based
input. It is also expected that Barry will appear before each City Commission at least once
during the first phase of the project, with more frequent appearances for key commissions such
as Planning. He will also meet directly with stakeholder groups, and with neighborhood and
community organizations. The intent of these meetings would be to describe the General Plan
Update, solicit input on issues of concern, and advise those present of how they can participate
in the General Plan Update on an ongoing basis. Stakeholder groups could include
neighborhood and homeowner associations, environmental groups, labor organizations,
business groups, parks and sports groups, social service providers, realtors, the faith
community, ethnic/ cultural groups, special needs organizations, and similar organizations.
San Rafael 2040 General Plan 2-4 June 6, 2017
Proposed Scope of Work for Barry Miller Consulting
Task 4: Baseline Data Collection and Analysis
The most substantial Phase One task is collection and analysis of baseline data. Much of this
data is necessary for the Environmental Impact Report (EIR and will help inform new policies
and narrative in the General Plan. More than half of the EIR typically consists of "Setting"
narrative, maps, and tables. While the EIR consultant may prepare this content for the more
technical topic areas (e.g., biology, greenhouse gases, etc.), Barry Miller will prepare the text for
several of the required topics. Baseline data collection will also cover non-CEQA topics, such as
economic development, social service issues, and public health.
Baseline data collection and analysis tasks will fleshed out in greater detail when the detailed
work program is developed. A preliminary list of the topics to be covered includes:
• Population, Housing, and Health Conditions, including current data on age, race, language,
household composition, income, education, employment, commute patterns, and health
indicators. Data on housing stock characteristics (as documented in the most recent
Housing Element) also will be included.
• Economic and Fiscal Conditions, including jobs, large employers, business license trends,
retail sales, real estate market trends, and regional forecasts. Data in the Economic Vitality
Element of the existing plan will be updated. The need for additional technical assistance
(e.g., an economist) on this task will be determined when a detailed work scope is prepared.
• Land Use Conditions, including an updated existing land use inventory (both tables and
maps), analysis of land use patterns, evaluation of growth and development trends, a
development capacity analysis, and a discussion of key development issues. This will also
include a review of development regulations in the city, and a description of existing
General Plan land use categories. Other City plans and plans of other agencies (adjacent
cities, Marin County, etc.) would also be reviewed.
• Circulation and Transportation Conditions. This would include a qualitative section to be
prepared by Barry, and a quantitative section (addressing traffic counts, VMT estimates,
LOS analysis, etc.) to be prepared by a transportation consultant through a separate
contract. Barry's portion would cover the bulk of the narrative, describing transportation
patterns in the city; the road, bike, and pedestrian networks; existing and planned transit
systems; and addressing transportation issues such as complete streets, traffic safety, traffic
calming, TSM/TDM, and parking.
• Infrastructure Conditions. Barry Miller will work with the City's Public Works Department
to develop a profile of utilities in San Rafael. The general capacity and condition of
infrastructure, including water, wastewater, reclaimed water, storm drainage, electricity,
and natural gas services, will be documented. The need for additional technical assistance
on this topic will be determined once the project has started.
• Community Services and Facilities Conditions. Barry Miller will provide a narrative
description of police, fire/EMS, solid waste and recycling, school, and library services, as
well as human services such as programs for seniors, youth, and persons with special needs.
San Rafael 2040 General Plan 2-5 June 6, 2017
Proposed Scope of Work for Barry Miller Consulting
He will interview staff in appropriate City departments, as well as non-profit service
providers, and review available documents on each topic area.
• Park, Recreation, Arts, and Open Space Conditions. Data collected through this task will
support the update of several Plan elements, including Parks and Recreation, Open Space,
and Culture and Arts. Inventories and maps will be updated, and staff and stakeholders
will be consulted to define key issues.
• Community Design and Cultural Resource Conditions. Data collected in this task will
provide the foundation for the updated "Community Design" Element of the General Plan,
and for the sections of the EIR addressing Visual Impacts and Cultural Resource Impacts.
Detailed inventories of historic structures and cultural resources sites would not be part of
this scope. In addition, some of the cultural resource analysis may be included in the EIR
consultant scope. As required by SB 18, Barry Miller will initiate consultation with Native
American representatives through the California Native American Heritage Commission
(NAHC) as part of this task.
• Sustainability Conditions. Barry Miller will document data on sustainability, with a focus
on information in the Climate Action Plan and the Sustainability Element of the General
Plan. Technical information associated with greenhouse gas reduction metrics and analysis
will be part of the environmental consultant's scope.
• Air and Water Quality Conditions. It is expected that this task will be done collaboratively
by Barry and a specialized sub -consultant (potentially the EIR consultant). Data would be
sufficient to update the Air and Water Quality Element, and inform the corresponding air
quality and hydrology sections of the EIR.
• Natural Resources Conditions. Like the air and water quality task, this task will be done
collaboratively with an environmental consultant. Barry would serve as an editor and
manager, and would use data collected by the EIR consultant as the basis for updated
narrative, policies, and actions in the Conservation Element. Data would address such
topics as biological resources, mineral resources, agricultural resources and soils, special
status species, habitat conservation, and creek and wetland conditions.
• Environmental Hazard Conditions. Like the other resource-based tasks, collection of
hazard -related data will rely on secondary consultants. Barry would oversee and facilitate
the collection of data on geologic hazards, flood hazards, wildfire hazards, hazardous
materials, dam failure, aviation hazards, sea level rise and global climate change, as well as
emergency preparedness and disaster response.
• Noise Conditions would also be documented by the environmental consultant, with Barry
using this data to rewrite the Noise Element and update appropriate maps and tables.
Barry will produce, edit, and format an "Existing Conditions Report" which includes the
information collected in this task. The report will provide the foundation for the "Setting"
section of the EIR, and may become a technical appendix to the General Plan. Barry will
oversee production of maps associated with this report, including maps ultimately included in
the General Plan and EIR.
San Rafael 2040 General Plan 2-6 June 6, 2017
Proposed Scope of Work for Barry Miller Consulting
Task 5: Policy Audit
Barry Miller will conduct an "audit" of the City's existing planning documents. The
components of this task are two -fold:
First, it will include a systematic review of all policies and programs in the 2020 General
Plan (as amended) to assist in determining which should be carried forward, edited, or
deleted in the revised General Plan.
Second, it will include a review of more recent planning documents to identify potential
land use, transportation, urban design, hazard reduction, resource preservation, and
community service directives that should be incorporated into the General Plan.
Documents to be reviewed would include plans covering specific neighborhoods, as well as
citywide topics (climate, bicycle and pedestrian travel, etc.)
Barry will also review recent EIRs and planning staff reports to determine potential new
policies. He will also summarize recent legislative requirements to determine policies that
should be added to ensure the Plans legal adequacy. He will review other printed and digital
materials which could inform the planning process, including the City's own evaluation of the
2020 General Plan. Input from stakeholder groups, City commissions, and public meetings will
be considered when evaluating existing policies and considering new policies.
Task 6: Retention and Management of Sub -Consultants
Barry will work with City staff to manage the procurement of technical sub -consultants,
including the preparation and distribution of RFPs/ RFQs, consultant selection, contract
negotiation and administration, and quality assurance/ quality control. At minimum, the
project will require an EIR consultant and a traffic consultant. Other specialized services RLay
include cultural/ historic resource assessment, economics/ fiscal, air quality/ GHG, noise,
biologic resources, civil engineering, hydrology/geology, urban design, social media/
engagement, document design, map preparation and graphics. The need for such services
would be determined during Tasks 1-4.
The EIR consultant may the capacity to perform some of these services in house. In addition,
those services that logically "nest" within the EIR (such as biologic resources) should be
procured through subcontracting agreements by the EIR consultant. However, some of the
supplemental consultant needs are not CEQA related (such as economics ) and would likely
require a separate recruitment effort.
Task 7: Develop General Plan Map and other Plan Maps
This task will begin during Year One and likely continue into Year Two. Development of the
Plan Map will be collaborative and iterative, with input from City staff, elected officials, the
Advisory Committee, property owners, and the public at large.
San Rafael 2040 General Plan 2-7 June 6, 2017
Proposed Scope of Work for Barry Miller Consulting
Tasks to be completed during Year One include updating the definitions of the Land Use
categories on the General Plan Map, and verifying density and intensity ranges. Changes to the
existing categories will be discussed to respond to market trends, emerging development types,
new forecasts, an -d public input. Designations will be assigned to the General Plan Map based
on existing designations, existing land use, existing zoning, ongoing planning initiatives,
development proposals currently under consideration, and emerging land use policies.
A number of analytical tasks will be completed by Barry Miller as the Map is developed. One
key task is to quantify development capacity by traffic analysis zone in order to complete traffic
modeling (and other forecasts) for the General Plan (see Task 8). Another is to determine where
alternative designations for particular sites or areas should be considered. It is expected that
most sites will retain existing designations, and that much of the discussion will focus on areas
that have some potential for change. This dialogue will start during the first year of the project
and continue into the second year as the Plan is developed. Barry will facilitate discussion and
documentation of land use and density alternatives as appropriate.
This task also includes the development of other Plan maps, such as circulation diagrams, park
and open space diagrams, and community design diagrams. As noted above, Barry will work
collaboratively with City staff, an intern, or an outside consultant to produce these maps.
PHASE TWO/ YEAR TWO
Task 8: Test General Plan impacts on Transportation, Air Quality, Noise, Greenhouse Gases,
Public Facilities, and Other Variables
This task will primarily occur during the second year of the project and will require
collaborative efforts between Barry Miller, City staff, and the EIR and transportation
consultants. The intent is to develop growth forecasts (based on the new General Plan Map)
and apply these forecasts to various systems in order to measure and respond to future impacts.
The analyses will provide the basis for EIR mitigation measures, as well as new General Plan
policies and actions, or specific capital improvements, development requirements, and
operating procedures. The outcome of these analyses may also be used to revise the General
Plan Map, or to consider alternatives that reduce impacts.
The work products to be developed by Barry and/or technical sub -consultants will include 2040
traffic model runs, 2040 noise contour diagrams, and 2040 estimates of public facility needs,
among others.
Task 9: Development of Narrative Text, Policies, and Programs
Year Two of the project will include development of new and revised General Plan policies and
actions. All text and tables will be updated to reflect a 2017-18 baseline and a 2040 horizon year.
New policies will be added based on emerging topics, and existing policies will be edited as
needed. Policies and actions will be drafted using a combination of sources, including the
San Rafael 2040 General Plan 2-8 June 6, 2017
Proposed Scope of Work for Barry Miller Consulting
existing Plan, the data collection and analysis tasks completed in Year One, input from the
Citizens Advisory Committee (CAC), input from the General Public, and input from the City
Council, City Commissions, and stakeholder groups. Policies and actions also would reflect
input from City staff, as well as best practices and legal requirements for General Plans.
Policies will be developed Element by Element, and released in phases for vetting by the CAC.
Where appropriate, policies would be accompanied by specific actions which provide guidance
on implementation. For issues where multiple approaches might be taken, alternative policies
may be drafted for discussion by the CAC.
Task 10: Prepare Draft General Plan Document
The major task in Year Two is drafting and production of the General Plan itself. A high-quality
publication will be created. Each chapter will include a combination of narrative text, tables,
graphics, photos, and goal/policy/action statements. Maps and graphics will be developed for
each element.
The organization and structure of the Plan will be collaboratively determined through input
from City Staff, the City Council, and the CAC. Barry will facilitate this process. Barry will also
serve as the Plan author and editor, in some cases taking technical reports prepared by the EIR
consultant and drafting appropriate, easy -to -understand narrative and policies.
It is anticipated that several iterations of the Plan will be prepared. An Administrative Draft
will be prepared for staff review only. Some components of this draft (such as policies and
actions) might be released for discussion by the CAC. Staff comments would be incorporated
into the Administrative Draft to create a Public Review Draft.
Once the public review draft is released, Barry will handle such steps as the state -mandated
Native American consultation, as well as preparation of appropriate distribution memos, press
releases, and web updates. As requested by the City, he will also be available to produce
companion work products, such as a glossary, index, Executive Summary, or web -based
publication or video summarizing Plan recommendations.
Task 11: CEQA-Related Support
Barry will supervise and manage the work of the CEQA consultant and other consultants
retained as part of the General Plan Update. He would:
• Participate in "check-in" meetings and project management meetings with the CEQA
consultant(s).
• Assist the consultant and sub -consultants in securing GIS files and other documents.
• Participate in the EIR Scoping Session and ensure that the Notice of Preparation is filed.
• Review the proposed Significance Criteria to be used by the CEQA consultant and provide
feedback and edits.
San Rafael 2040 General Plan 2-9 June 6, 2017
Proposed Scope of Work for Barry Miller Consulting
• Work with the EIR consultant to draft the Project Description.
• Provide the EIR consultant with draft policies and actions. Appropriate policies and actions
would be listed in the EIR and cited as a means of mitigating most potential impacts.
• Assist the EIR consultant in the CEQA analysis on key topics including land use,
population/housing, public services, recreation, and visual resources.
• Work with the CEQA consultant to define alternatives to the project.
• Review and edit the Administrative Draft EIR.
• Modify the Administrative Draft General Plan to add policies and actions deemed necessary
by the EIR to mitigate potential impacts.
• Review and edit the Screencheck Draft EIR.
• Assist in preparing responses to comments on the EIR (during Year 3).
Barry would also attend all hearings at which the EIR is discussed.
Task 12: Community Engagement, Phase Two
This is the continuation of Task 3 (described earlier) into the second year of the program. The
Community Engagement strategy will continue to be rolled out, with ongoing opportunities for
public input, education, and engagement. Barry will maintain and update the project website,
conduct neighborhood and community meetings, provide outreach to stakeholder groups, and
be the public's point of contact for the project. He will continue to provide briefings to Council
and Commission, manage communication with the CAC, and run CAC meetings. He will also
facilitate additional public workshops that may occur during Year Two, prepare Plan -related
exhibits and displays, work with appropriate organizations to translate Plan documents into
Spanish, and manage social media and other forums for Plan -related engagement.
PHASE THREE / YEAR THREE
The tentative schedule envisions completion of a Public Review Draft near the beginning of
Year 3 (approximately Summer 2019). The final six to twelve months of the project would cover
Plan adoption, including public hearings and outreach on the Draft Plan and EIR, response to
comments on the EIR, and revision of the Draft to create a Final Plan. Depending on time and
resources, follow-up tasks (such as zoning changes) or related planning efforts may also occur
during Year 3. It is expected that Barry's Service Agreement would be extended at the end of
Year 2 to cover Year 3 -related tasks.
Task 13: Plan Adoption
This task would include all work conducted between the time the Plan and EIR are released and
the point where they are adopted. Barry would continue to serve as Project Manager and will
represent the General Plan team during this process. This task includes attendance at all public
meetings, preparation of staff reports and resolutions, and revisions to the Plan. Again, close
coordination with the EIR consultant will be necessary, particularly during tasks such as
Planning Commission and City Council hearings and the preparation of responses to
comments.
San Rafael 2040 General Plan 2-10 June 6, 2017
Proposed Scope of Work for Barry Miller Consulting
The specific sub -tasks include:
• Managing communication about the Plan, including organizing and attending Plan -related
meetings between the release of the Public Draft and the hearings
• Responding to questions about the Plan, and collecting comments
• Preparing Plan addenda and identifying proposed changes to the Draft document to reflect
public comment. More than one Plan addenda may be prepared as the adoption process
transpires.
• Preparing responses to EIR comments, in collaboration with the EIR consultant
• Attending Planning Commission and City Council adoption hearings
• Attending other Commission hearings to provide briefings on the Plan and gather input
• Preparing resolutions and staff reports supporting Plan adoption
Task 14: Revisions to Document and Production of Final Plan
This task will take place after the City Council adopts the Plan, but within the three-year project
window. Barry Miller will prepare a Final General Plan which incorporates edits made through
the public hearing process. This will involve flowing the Plan Addendum into the General Plan
and finalizing all graphics and photographs.
ON-GOING TASKS (YEARS ONE, TWO, and THREE)
Task 15: Project Management
Good project management is essential to ensure the effective and efficient use of project
resources, coordinate consultant team and staff efforts, and ensure quality assurance and
control. Project management tasks include attendance at regular team meetings and City staff
meetings, project management conference calls, tracking of budget, monitoring the performance
of other contractors, and general administrative duties related to the project.
Task 16: Supplemental Plans and Initiatives
A General Plan Update may trigger the need for additional services not anticipated by the
principal scope of work. Such services could include more detailed direction for specific
neighborhoods or sites, focused studies on particular topics, development of supplemental
policies and actions for areas of change, changes to zoning regulations and maps, or Municipal
Code Amendments on particular subjects. As requested by the City, Barry Miller will be
available to provide such services and develop such work products as the need arises during
the course of the update. Related materials such as staff reports and exhibits also would be
covered.
Future planning studies for Downtown San Rafael may be included in this task. However, if
the City elects to prepare a full Specific Plan/ Area Plan for Downtown, a separate work scope
may be required.
San Rafael 2040 General Plan 2-11 June 6, 2017
ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval
by the City Council. Save staff report (including this cover sheet) along
with all related attachments in the Team Drive (T:) --> CITY COUNCIL
AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT -
AGENDA TOPIC]
Agenda Item #
Date of Meeting: 6/19/2017
From: Raffi Boloyan
Department: CDD
Date: 6/8/2017
Topic: PROJECT MANAGER CONTRACT FOR GENERAL PLAN 2040
Subject: RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A
PROFESSIONAL SERVICES AGREEMENT WITH BARRY J. MILLER TO SERVE AS PROJECT
MANAGER FOR PREPARATION OF GENERAL PLAN 2040 (P 16-013/GPA 16-001)
Type: ® Resolution ❑ Ordinance
❑ Professional Services Agreement ❑ Other:
APPROVALS
® Finance Director
Remarks: MM - Approved 6/12/17
® City Attorney
Remarks: LG -Approved 6/9/17 with recommended revisions.
® Author, review and accept City Attorney / Finance changes
Remarks: RB 6/12 - Attorney and Finance revisions accepted and comments from Finance
addressed with Mark
® City Manager
Remarks:
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition: