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,
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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
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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
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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:
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