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HomeMy WebLinkAboutCD Recreational Facility at SR AirportCF�OF " `V"L-16 Agenda Item No: Meeting Date: March 16, 2009 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Prepared by. �'z City Manager Approval: Robert M. Brown, Community Developniefit Director (RB) SUBJECT: Resolution authorizing the City Manager to execute an amendment to an Agreement for Professional Services with Lamphier-Gregory to prepare an Environmental Impact Report (EIR) for the proposed "Recreational Facility at the San Rafael Airport" project, increasing the maximum contact amount from $156,561.00 to $210,641.00 and extending the term of the contract from March 19, 2009 through March 19, 2010. RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolution. BACKGROUND: On October 16, 2006, the City Council adopted Resolution No. 12137 authorizing the City Manager to execute a Professional Services Agreement between Lamphier-Gregory and the City of San Rafael. The Professional Services Agreement authorized Lamphier-Gregory to prepare an EIR for the proposed "Recreational Facility at the San Rafael Airport" development project. The agreement set forth a maximum budget of $124,288.00 and established a one-year term, expiring on October 16, 2007. On November 19, 2007, the City Council adopted Resolution No 12377 authorizing the City Manager to execute an Amendment to the Agreement for Professional Services with Lamphier-Gregory_for preparation of an Environmental Impact Report (EIR) for the Recreational Facility at the San Rafael Airport project. The amendment was necessary to expand the scope of work to include a protocol level clapper rail survey and additional analysis of the aviation safety section of the EIR. The Agreement for Professional Services established a revised budget limit of $156,561.00 and a one-year term, expiring November 19, 2008. Prior to the expiration of the term of the agreement, the City Manager and Lamphier-Gregory mutually consented to extend the term of the agreement by four (4) months, as provided under Section 5 of the Agreement for Professional Services. The extension was approved in order to provide additional time needed to complete, review and revise the Administrative Draft EIR for certification. The revised term was extended to March 19, 2009. Lamphier-Gregory has submitted a request for further amendment to the project budget and scope of work, increasing the total budget by $54,080.00, including a $10,000.00 contingency amount, to a revised maximum of $210,641.00. The preparation of the EIR has taken more time and an additional level of effort than initially anticipated under the revised agreement. The additional work included: a) completing further analysis in various sections of the ADEIR to address comments resulting from staff's review of the administrative draft of the EIR; b) providing additional analysis that was not previously included in the scope of work, and required to analyze greenhouse gas and climate change impacts; and c) consultant attendance at an informational meeting to be held on the Draft EIR. Lamphier-Gregory has submitted a FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 budget amendment to cover costs for this additional work required to complete the Draft EIR. Staff requests that the scope of the agreement be revised to include the additional work and extending the term of the agreement by one year, until March 19, 2010. ANALYSIS: The proposed budget amendment is, in staff's opinion, logical and reasonable given the level of detail necessary to prepare a thorough and detailed EIR. The additional level of effort required to evaluate the airport hazards, noise impacts, and craft sufficient mitigation measures for biological impacts was necessary. Staff also requested that the document include adequate time to respond to comments on the Draft EIR, to attend an informational meeting at the early stages following release of the Draft EIR, and to include greenhouse gas analysis in response to new legislation. The revised budget and scope of work is believed to be adequate to conduct a thorough CEQA review and afford greater community input. FISCAL IMPACT: Execution of this amendment to the Agreement for Professional Planning Services would not result in a fiscal impact to the City given that project applicants agree to pay all costs associated with the review and processing of the EIR. OPTIONS: The following options may be considered by the City Council: 1. Authorize the City Manager to execute the Amendment to the Agreement for Professional Services with Lamphier-Gregory as presented. 2. Delay the execution of the Agreement for Professional Services, and provide direction to staff. ACTION REQUIRED: It is recommended that the City Council adopt the attached resolution. ATTACHMENTS: Attachment 1 City Council Resolution, with amendment to the Agreement for Professional Services with Lamphier-Gregory. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT NO. 3 TO THE AGREEMENT FOR PROFESSIONAL PLANNING SERVICES WITH LAMPHIER- GREGORY FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE RECREATIONAL FACILITY AT THE SAN RAFAEL AIRPORT PROJECT (Agreement Term: March 19, 2009 through March 19, 2010, amount not to exceed $210,641.00) WHEREAS, on October 16, 2006, the City Council adopted Resolution No. 12137 approving an Agreement for Professional Planning Services with Lamphier-Gregory for preparation of an Environmental Impact Report (EIR) for the Recreational Facility at the San Rafael Airport project. The Agreement for Professional Services established a budget limit of $124,288.00 and a term ending on October 16, 2007; and WHEREAS, on November 19, 2007, the City Council adopted Resolution No 12377 approving an Amendment to the Agreement for Professional Services with Lamphier-Gregory for preparation of an Environmental Impact Report (EIR) for the Recreational Facility at the San Rafael Airport project. The amendment was necessary to expand the scope of work to include a protocol level 'clapper rail survey and additional analysis of the aviation safety section of the EIR. The Agreement for Professional Services established a revised budget limit of $156,561.00 and a term ending November 19, 2008; and WHEREAS, the City Manager and Lamphier-Gregory mutually consented to extend the term of the agreement by four (4) months, to March 19, 2009, as provided under Section 5 of the Agreement for Professional Services, in order to provide additional time needed to complete, review and revise the Administrative Draft EIR for certification; and. WHEREAS, Lamphier-Gregory submitted a budget amendment to cover costs for additional work required to complete the EIR. The additional work included completing further analysis in various sections of the ADEIR to address comments resulting from staff's review of the administrative draft of the document, to provide additional analysis that was not previously included in the scope but required to analyze greenhouse gas and climate change impacts, and to attend an informational meeting on the Draft EIR. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the City Manager to execute, on behalf of the City of San Rafael, an amendment to the Agreement for Professional Planning Services with Lamphier-Gregory, in the form attached herewith. I, ESTHER C. BIERNE, 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 16h day of March 2009 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ESTHER C. BIERNE, City Clerk EXHIBIT A: Amendment to the Professional Services Agreement with Lamphier-Gregory for preparation of an Environmental Impact Report (ED?) for the Recreational Facility at the San Rafael Airport Project. 2 AMENDMENT NO.3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH LAMPHIER-GREGORY FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE RECREATIONAL FACILITY AT THE SAN RAFAEL AIRPORT PROJECT This Agreement is made and entered into this 19"' day of March 2009, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Lamphier-Gregory (hereinafter "CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR has submitted an amendment to the current agreement for the performance of services which is attached hereto and incorporated by reference herein; and WHEREAS, CITY desires to retain CONTRACTOR to perform professional services necessary to render advice and assistance to the CITY, the CITY's Planning Commission, City Council and staff in the preparation of an Environmental hnpact Report (EIR); and WHEREAS, CONTRACTOR represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the following sections of the Professional Services Agreement, approved by the City Council on October 16, 2006 -and amended on November 19, 2007, as follows: 2. DUTIES OF CONTRACTOR. A. CONTRACTOR shall perform the duties and/or provide services as provided in Recreational Facility at San Rafael Airport EIR — Scope of Work and Budget and the Schedule of Estimated Costs, Revised 10119107, as further revised in the Scope of Work, Revised February 18, 2009, attached hereto and incorporated herein as Exhibit A. B. Commencement. CONTRACTOR agrees to commence work immediately after the date of the signing of this contract. C. Completion. Tasks described in Recreational Facility at San Rafael Airport EIR — Scope of Work and Budget shall be completed as set forth in the schedule outlined in the original Recreational Facility at San Rafael Airport EIR — Scope of Work and Budget and Schedule of Estimated Costs, Revised 10119107, and the Scope of Work, Revised February 18, 2009, attached and incorporated by reference herein as Exhibit A. H 5. COMPENSATION. A. Budget. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an amount not to exceed $210,641.00 based upon the budget shown in the original Recreational Facility at San Rafael Airport EIR — Scope of Work and Budget and as revised in Schedule of Estimated Costs, Revised 10/19/07 and further revised by Scope of Work, Revised February 18, 2009 (attached hereto and incorporated herein as Exhibit A) to be compensated on a time and material basis. Payment will be made upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR CITY will pay CONTRACTOR within 30 - days of receipt of invoice. B. Contingency. The revised Budget includes a $10,000 contingency amount for the completion of the Final EIR, Task 2. The contingency funds shall be for the purpose of preparing responses to comments on the Draft EIR should the time required to complete this task exceed the estimate. The contingency amount shall be used upon mutual agreement of the parties and upon payment of the contingency funds by the applicant. TERM OF AGREEMENT. The term of this Agreement shall be for one (1) year commencing on March 19, 2009 and ending on March 19, 2010. Upon mutual agreement of the parties, and subject to the approval of the City Manager and the PROJECT MANAGER the term of this Agreement may be extended for a period not to exceed four (4) months. All of the other provisions, terms and obligations of the Agreement for Professional Planning Services, approved by the City Council on October 16, 2006, and amended on November 19, 2007 shall remain valid and shall be in force with the execution of this amendment. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL KEN NORDHOFF, City Manager ATTEST: ESTHER C. BIERNE, City Clerk APPROVED AS TO FORM: ROB EPSTEIN, City Attorney CONTRACTOR By: JOAN LAMPHIER President, Lamphier-Gregory EXHIBIT A: Scope of Work, Revised February 18, 2009 L A M P H d E R G R E C EXHIBIT A 0 R y URBAN PLANNING FWRONMEN I At .ANAUS11 February 18, 2009 COMMUNITY CITY OF SAN RAFAEL Kraig Tambommi City of San Rafael Community Development Department, Planning Division 1400 Fifth Avenue San Rafael, CA 94901 Re: Budget Amendment Request—San Rafael Airport Recreation Facility Dear Kraig, Attached is a scope of work for the requested budget amendment to complete the environmental review process for the above -referenced project. Preparation of this budget amendment is based on discussions with City staff. We believe this scope of work reflects the intent of completing the environmental review process for this Project in an efficient manner. Please review this work scope and budget amendment request. If you have any questions, please phone our office at (510) 535-6690. Sincerely, LAMPHIER-GREGORY 1944 EMBARCADERO, OAKLAND, CA 94606 PHONE: 510-535-6690 LAMPHIER-GREGORY.COM SAN RAFAEL AIRPORT RECREATION FACILITY SCOPE OF WORK TASK 1: ADDITONAL EFFORT REQUIRED TO PREPARE DRAFT EIR As the City is aware, the effort Lamphier-Gregory has put into preparation of the Draft EIR has exceeded the currently approved budget by $30,048.41. As we discussed previously, Lamphier- Gregory will absorb $11,048.41 of this amount, leaving a remainder of $19,000, which is included in this budget amendment request. The additional work done by Lamphier Gregory for the preparation of the Draft EIR includes the following: Airport Hazards Safety Analysis: level of effort required to replace Mead & Hunt as requested by the Applicant, including researching and contacting three additional firms, reviewing additional proposals with City of San Rafael and Applicant, conducting additional discussions with Mead & Hunt to negotiate reduction of budget, and obtaining approval from City and Applicant for retention of Mead & Hunt based on re -negotiated budget as compared to additionally solicited proposals. Biological Resources: additional efforts in order to craft mitigation measures that statutorily address all potential impacts of the Project consistent with CEQA and City policies while providing the Applicant with a workable window within which to engage in construction activities. Coordination between Lamphier-Gregory, the City and the Project biologists was necessary on several occasions during the review of the administrative draft EIR. Greenhouse Gas Analysis (GAG): the inclusion of the GHG analysis was not included in original scope of work. Due to pending legislation requiring such in the future, it was considered prudent to conduct a GHG analysis in the CEQA document based on currently acceptable methodologies. • Noise Analysis: The noise analysis required requests for additional information on behalf of our noise consultant, including clarification on City noise policy and clarification of traffic volume analysis contained in the traffic study necessary for the preparation of the noise analysis. • Administrative Draft Review: the City requested four rounds of administrative draft review. Our original scope of work and budget assumed one administrative draft review and one screen -check prior to printing the Draft EIR. Deliverables: Lamphier-Gregory will print and distribute the public review Draft EIR pursuant to our original scope of work. Task 1 Cost: $19,000 I.AMPHIER-GRECORY 1944 EMBARCADERO. OAKLAND, CA 44606 PHONE: 510-535-6690 IAMPHIER-CREGORYXOM San Rafael Airport Recreation Facility Revised Scope of Work Page 2 of 3 2/18/09 TASK 2: FINAL EIR Administrative Draft Following the close of the public comment period, Lamphier-Gregory will prepare draft responses to all comments received. These responses, and any changes required in the Draft EIR, will be presented in the administrative draft Final EIR. The administrative draft Final EIR shall consist of the following: 1) An Introduction to the document describing CEQA requirements of a Final EIR, 2) A matrix / list showing the comments received on the Draft EIR. This shall identify the person or organization submitting comments, date of letter, date received and if a response is required, 3) Comments received & responses, 4) Copies of comment letters, and 5) Any revisions to the EIR document Please note the extent of public comment cannot be predicted with certainty. We have budgeted between 80 to 120 hours for the Project Manager to prepare responses to comments. Should the time required to complete this task exceed our estimate, the additional work would be considered an extra service, and would be billed on a time and materials basis. Deliverables: Lamphier-Gregory will submit five (5) hardcopies and one (1) complete electronic copy (.pdf format) of the administrative draft Final EIR. Lamphier-Gregory will edit the administrative draft Final EIR based on City comments and submit one (1) hardcopy and one (1) complete electronic copy (.pdf format)a screen check Final EIR. Distribute Final EIR Once the Final EIR is ready for distribution, Lamphier-Gregory will provide printed hardcopies and electronic copies on CD to the City for distribution. Deliverables: Lamphier-Gregory will submit fifteen (15) hardcopies one (1) complete electronic copy (.pdf format) of the Final EIR for distribution. Task 2 Cost: $10, 000 to $20,000 TASK 3: PUBLIC WORKSHOP AND HEARINGS Lamphier-Gregory will attend three public meetings as follows: Within the 45 -day public review period following the release of the Draft EIR, the City of San Rafael will conduct an informal community workshop on the Draft EIR. In addition, the City will hold a public hearing with the Planning Commission to accept public comment on the EAMPHIER-GREGORV1944 EMBARCADERO, OAKLAND, CA 94606 PHONE! 51H1 535-6690 LAMPHIER-GREGORY.COM San Rafael Airport Recreation Facility Revised Scope of Work Page 3 of 3 2/18/09 document. Lamphier-Gregory will attend the community workshop and Planning Commission hearing, make a presentation on Draft EIR, and make notes of all public comments made. The City has also requested the attendance of Project biologists Monk & Associates at these meetings and hearings due to the high degree of public sensitivity to biological issues. Lamphier-Gregory will also attend a Planning Commission EIR Certification hearing subsequent to the completion of the Final EIR. The City has also requested the attendance of Project biologists Monk & Associates at this hearing due to the high degree of public sensitivity to biological issues. Deliverables: attendance at one (1) community workshop and one (1) public hearing during the 45 -day Draft EIR comment period; and one (1) public hearing subsequent to the completion of the Final EIR. Task 3 Cost: $11,280 • Community Workshop $3,760 • DEIR Public Hearing $3,760 • FEIR Public Hearing $3,760 TASK 4: PROJECT MANAGEMENT Project management includes organization of project files and communication and coordination with City staff, including administrative draft review. Task 4 Cost: $3,800 BUDGET Based on the tasks outlined above, Lamphier-Gregory estimates the total cost of completing the environmental review for this project will be between $44,080 and 54,080, as follows. Task 1 $19,000 Task 2 $10,000 to $20,000 Task 3 $11,280 Task 4 $3,800 Total $44,080 to $54,080 EAMPHIER-GREGORY1944 EMBARCADERO, OAKLAND, CA 93606 PHONE: 510-535-6640 tAMPHIER-GREGORY.COM