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HomeMy WebLinkAboutCC Resolution 13803 (Planning Services; Lisa Newman)RESOLUTION NO. 13803 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL PLANNING SERVICES WITH LISA NEWMAN (D.B.A. NEWMAN PLANNING ASSOCIATES) FOR ASSISTANCE NEEDED TO PREPARE AN INITIAL STUDY AND ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE REDEVELOPMENT OF FOUR PARCELS LOCATED AT 809 B ST AND 1212 AND 1214 SECOND STREET (Terms of Agreement: September 15, 2014 through December 31, 2015, with a total budget amount not -to -exceed $80,675.52 + $11,581 contingency) WHEREAS, on November 19, 2012, the City Council adopted Resolution No. 13435, authorizing the execution of an Agreement for Professional Planning Services between the City and Lisa Newman (d.b.a. Newman Planning Associates) for the preparation of an Initial Study and Environmental Impact Report (EIR) for the redevelopment of four parcels located at 809 B St and 1212/1214 2°d St; WHEREAS, the Agreement for Professional Planning Services between the City and Newman Planning Associates was for a total budget amount not to exceed $69,600 with a Term of Agreement ending November 19, 2013; WHEREAS, in January 2013, Newman Planning Associates started the EIR process, completing an Initial Study, filing a Notice of Preparation (NOP) of an EIR and conducting a scoping meeting before the Planning Commission on July 23, 2013; WHEREAS, following the scoping meeting on July 23, 2013, the applicant requested that the project be put on hold to allow them to explore design changes to address the Design Review Board's comments as well as explore options for the project; WHEREAS, during this period of inactivity, the term of the Agreement with Newman Planning Associates (November 19, 2013) lapsed, therefore, the Agreement expired; WHEREAS, in August of 2013, the City was notified by the applicant to reactivate the project and restart the City's processing of the planning applications and the Draft EIR (DEIR); WHEREAS, the City of San Rafael has determined that professional planning services are still needed to assist the Community Development Department to complete the DEIR, including preparation of an Administrative DEIR, publishing the Draft EIR for a public review period, holding a public hearing to accept comments on the DEIR before the Planning Commission, responding to any comments on the DEIR, preparing a Final EIR (FEIR) with response to comments, conducting a public hearing on the FEIR and completing all other tasks associated with the preparation and filing of the EIR; and WHEREAS, at the City's request, Lisa Newman, doing business as Newman Planning Associates (Consultant) has submitted a Revised scope of work and proposal dated August 27, 2014 for completing the remaining tasks associated with providing environmental planning assistance to the City, including a list of anticipated activities/tasks and the hourly rate for performance of these services, and said proposal is attached to the Agreement for Professional Services (Exhibit A of this Resolution); and WHEREAS, all costs associated with the Consultant's planning services for the preparation of the EIR will be reimbursed to the City through cost recovery from project applicants; and WHEREAS, the developer and applicant, Jonathan Parker, on behalf of the property owners, Thomas Monahan, Jonathan Parker, Harold Parker Properties LP, and Jonathan Parker/Tom Monahan, have signed an Amended Reimbursement Agreement to confirm the procedures and funding mechanism for the developer's payment of all environmental planning and consulting costs that will be incurred in connection with the proposed project; and WHEREAS, the Consultant will work on behalf of and at the direction of the City to prepare all necessary documents and studies in accordance with the California Environmental Quality Act, including the preparation of the DEIR and FEIR. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the City Manager to execute, on behalf of the City of San Rafael, an Agreement for Professional Planning Services with Lisa Newman (d.b.a. Newman Planning Associates), in the form attached hereto as Exhibit A and incorporated herein by reference. I, ESTHER 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 15`x' day of September 2014 by the following vote, to wit: AYES: Councilmembers: Colin, Connolly, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Bushey ESTHER C. BEIRNE, City Clerk Exhibit A Professional Services Agreement with Lisa Newman d.b.a. Newman Planning Associates, with attached Revised Planning Consultant Services Proposal, dated August 27, 2014 Attachment 1-2 AGREEMENT FOR PROFESSIONAL PLANNING SERVICES This Agreement is made and entered into this I50' day of September, 2014, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and LISA NEWMAN (d.b.a. Newman Planning Associates) (hereinafter "CONTRACTOR"). RECITALS WHEREAS on November 19, 2012, the CITY and CONTRACTOR entered into an Agreement entitled "Agreement for Professional Planning Services" for assistance needed to prepare an Initial Study and Environmental Impact Report (EIR) for the redevelopment of four parcels located at 809 B St and 1212 and 1214 Second St" (hereinafter, "AGREEMENT"); WHEREAS, after the completion of the Initial Study and Scoping Hearing, the applicant requested that the project be put on hold to allow them to explore design changes and explore options for the project; WHEREAS, during this period of inactivity, the term of the Agreement with CONTRACTOR (November 19, 2013) lapsed, therefore, the Agreement expired; WHEREAS, the City of San Rafael has determined that professional planning services are still needed to assist the Community Development Department to complete the DEIR; WHEREAS, at the City's request, CONTRACTOR has submitted a revised scope of work and proposal dated August 27, 2014 for completing the remaining tasks associated with providing environmental planning assistance to the City, including a list of anticipated activities/tasks and the hourly rate for performance of these services, and said proposal is attached to the Agreement for Professional Services; WHEREAS, CONTRACTOR has performed portions of the Tasks needed to prepare the EIR, however, the Term of Agreement expired while the applicant had put this project on hold. WHEREAS, CITY desires to retain CONTRACTOR to continue to perform professional services required by CEQA and complete the Draft EIR and CEQA process and extend the Term of Agreement and update the budget for the Agreement; and WHEREAS, CONTRACTOR represents has demonstrated that she is qualified to perform such services and is willing to perform such professional services as hereinafter defined. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 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 Exhibit A-1 ADE) JG '.l' fi, ,,,,� 5. TERM OF AGREEMENT. The services to be performed under this AGREEMENT, as amended, shall commence on September 15, 2014 and extend through December 31, 2015. Upon mutual agreement of the parties, and subject to the approval of the City Manager, the term of this Agreement may be extended for an additional period of l year(s). 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 her 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 her 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 her performance of her 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. Exhibit A-3 13. 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If she employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of Iosses and related investigations, claims administration, attorney's fees and defense expenses. INDEMNIFICATION. A. Except as provided in Paragraph B., CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. 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 CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, that arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement. 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 her duties and obligations under this Agreement. Exhibit A-5 A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terns and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 19. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 20. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 21. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. Exhibit A-7 E W M A N LANN`NG SSOCIA1 ES August 27, 2014 Mr. Raffi Boloyan Planning Manager San Rafael Community Development Department 1400 Fifth Avenue San Rafael, CA 94915 Subject: Planning Consultant Services Proposal to Prepare an EIR for Redevelopment of 815 B Street Dear Raffi, Thank you for the opportunity to provide an updated proposal for environmental planning services regarding the Monahan Parker, Inc. redevelopment project at 815 B Street. As you know, my original proposal to provide CEQA documentation for this project was prepared in October 2012 and a contract was approved in the amount of $69,600, including a contingency budget. After intermittent activity on the project, we completed an Initial Study and attended an EIR Scoping hearing held by the Planning Commission in August 2013 - Subsequently, the applicant chose to revise the architectural plans. Revised plans were eventually found complete by City staff in 2014 and reviewed at two Design Review Board Bearings in July and August. During this redesign phase, our contract expired. This letter outlines the remaining tasks necessary to fulfill the requirements of the California Environmental Quality Act (CEQA), including preparation of the EIR, Mitigation Monitoring Program, CEQA findings and Statement of Overriding Considerations for action by the City. The Scope of Services provided below identifies consultant tasks broken down by phases and provides an estimated budget for each phase. As you can see, the time required to complete this work is similar to our previous proposal, however, hourly rates and expense estimates have been updated to reflect current costs. A. Understanding of Project and Needed Services My understanding of the proposed project and service needs is as follows: 1. The Community Development Department has received revised applications from Monahan Parker, Inc. proposing to demolish two existing Victorian residential structures located at 1212/1214 Second Street and a commercial building at 809 8 Street and to construct a new four-story, mixed-use building known as 815 B Street. Attachment A-1 2201 MULBERRY TERRACE SAN RAFAEL, CPQ 94903 o ce 415 492.0300 Nx 415.492,9569 Mr. Raffi Bnloyan August 27, 2014 Page 3 time and material cost budget. This estimate has been carefully produced, in consultation with City staff, and is based upon our experience with other similar projects in Marin County. Should new or unanticipated issues be identified, substantial changes made to the project design or other issues arise that are not anticipated in this proposal during the course of the environmental review process, then amendment to the Scope of Services and budget may become necessary. B. Scope of Services — List of Perceived Tasks Based upon my understanding of the project, the following tasks will be the responsibility of the consultants with related cost estimates: Phase I - Application Review and Project Initiation a. Complete a review of the revised application plans/materials. Distribute relevant materials to historical consultant, coordinate work program and meet as necessary. Estimated Budget for Phase I: 12 hours: $ 1,800 Phase. II — Environmental Review Process: EIR a. Prepare a revised Project Description with review and comment by City staff and Applicant. b. Meet with staff to discuss the approach for EIR Alternatives and other EIR sections. Coordinate analysis with Painter Preservation & Planning, C. Request applicant update the 2013 economic analysis of identified project alternatives; review and consult with City staff as to the adequacy of the analysis. d. Prepare a Draft EIR based upon the Initial Study and revised project design„ addressing issues raised in the Scoping session and responses to the NOP, with the assistance of Painter Preservation & Planning for preparation of the Cultural Resources and Alternatives sections. The Draft EIR shall address all environmental topics and elements required by CEQA. e. Prepare and submit the Administrative Draft EIR (ADEIR) for City staff review and comment. f. Revise ADEIR as necessary and coordinate printing of Draft EIR by City, g. Prepare a Notice of Completion and submit to the State Clearinghouse and relevant public agencies and community groups for a 45 -day public review period. City staff will prepare required newspaper notice for the Draft EIR, Coordinate distribution of the Draft EIR by City. a. During the 45 -day comment period, review any comments on the Draft EIR and meet with staff to discuss issues, as necessary. Estimated Budget for Phase II: 100 hours: $15,000 Attachment A-3 I a MW r-FAW41 lilr.1114to Thank you for the opportunity to provide this updated proposal for environmental planning services. If you have any questions, please feel free to contact me. I look forward to continuing to work with you on this project! Sincerely, Lisa P. Newman, Principal IIII l�"I I 1111111111 I'� 11 i", IIIIIII III III � Fill I I I III -21—MV "Ik F.11 i I`I1;I;I [FRIT-PITIF. Attachment A-5 FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT THIS FIRST AMENDMENT TO THE REIMBURSEMENT AGREEMENT (Agreement) is entered into this Seotember 15.2014 ("Effective Date"), between Monahan Parker, LLC ("Developer"), and the CITY OF SAN RAFAEL, a municipal corporation organized and existing under the laws of the State of California ("the City"). RECITALS A. Developer has submitted an application for approval of the demolition of a single -story commercial building and two, single-family residential structures, one of which is a locally designated historical resource, and the development of a new four-story mixed use building with 41 residential units, which includes a 35% density bonus, on an approximately 0.57 -acre site located at 809 B Street, 1212 and 1214 2"d Streets, San Rafael, California ("the proposed project"). B. Pursuant to the City's comprehensive planning and environmental review process, the City has currently determined that the proposed project will require the following permits and land use entitlements [mark those applicable]: [X] Environmental and Design Review [ ] Variance [X] Use Permit [ ] Major Subdivision/Tentative Map [X] Minor Subdivision/Tentative Map [X] Sign Review/ Sign Program/Amendment [ ] Zoning Change/Planned Development [X] Environmental Impact Report C. Due to the current work load of the City's Community Development Department and City Attorney's Office, the City must hire additional contract staff to expedite the review of the proposed project on the condition that Developer reimburse the City for its costs incurred in connection with these outside vendors ("Contract Planner" and "Contract Law Firm"). D. California Public Resource Code Section 21082.1 authorizes the City to employ a contract planner to provide planning and environmental consulting services, including preparation of the environmental documents required by the California Environmental Quality Act (CEQA) for the proposed project. These documents will include an Environmental Impact Report, and Statement of Overriding Considerations. E. California Government Code Section 66014, California Public Resource Code Section 21089, and San Rafael Municipal Code Section 3.34.40 entitle the City to recover its costs of processing the applications for the land use entitlements required for the proposed project, including but not limited to the cost of the City's preparation and review of all required MW All other terms of the AGREEMENT which are not in conflict with the provision of this First Amendment shall remain unchanged in full force and effect. In case of a conflict in the terms of the Agreement, the provisions of this First Amendment shall control. IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and year first above written, CITY OF SAN RAFAEL NANCY MACKLE, pity Manager ATTEST: .......................... m....,....................................,.......................................................... ...- ........ ESTHER C. BEIRNE, City Clerk DEVELOPER By: MONAHAN PARKER, LLC Tom Monahan Its: 3 of