2009/03/10 City Council Resolution 2009-16RESOLUTION NO. 2009-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA APPROVING THE FOURTH AMENDMENT TO THE AGREEMENT FOR
SERVICES BETWEEN THE CITY OF ROHNERT PARK AND ESA REGARDING THE
ENVIRONMENTAL IMPACT REPORT FOR THE NORTHEAST AREA SPECIFIC PLAN
WHEREAS, the City of Rohnert Park ( "City ") and ESA ( "Consultant ") are parties to that certain
Agreement for Services dated October 16, 2003 for the preparation of an Environmental Impact Report
(EIR) for the Northeast Area Specific Plan ( "Agreement ");
WHEREAS, the Agreement was amended on September 13, 2005, June 13, 2006, and February
26,2008 ( "Amendments ");
WHEREAS, the Specific Plan has been revised by the applicant and the EIR must be amended
before a Draft EIR can be released for public review;
WHEREAS, City has received and reviewed the Scope /Costs for Additional Requested Work to
be Conducted for the EIR for the revised Northeast Area Specific Plan dated February 10, 2009 from
ESA to perform the necessary environmental analysis ( "Additional Work");
WHEREAS, the cost of preparing the Additional Work will not exceed $21,197.00 and will be
borne by the Northeast Area Specific Plan proponents;
WHEREAS, City staff has prepared the Fourth Amendment to the Agreement regarding the
preparation of the Additional Work; and
WHEREAS, the City Council has reviewed and considered the Fourth Amendment, the
information contained in the Staff Report, and all other relevant materials regarding the Fourth
Amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of. the City of Rohnert Park
that the Fourth Amendment is hereby approved and the Interim City Manager is hereby authorized to
execute the Fourth Amendment in substantially similar form as attached hereto and incorporated herein
as Exhibit A.
DULY AND REGULARLY ADOPTED on this 10th day of March, 2009, by the City of
Rohnert Park City Council by the following vote:
Attest:
City
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AYES: (5)
City of
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4: AYE MACKENZIE: AYE STAFFORD: AYE BREEZE: AYE
NOES: (0) ABSENT: (0) ABSTAIN: (0)
FOURTH AMENDMENT TO THE AGREEMENT FOR SERVICES
BETWEEN THE CITY OF ROHNERT PARK AND ESA
REGARDING THE ENVIRONMENTAL IMPACT REPORT FOR
THE NORTHEAST AREA SPECIFIC PLAN
This Fourth Amendment to the Agreement for Services by and between the City of
Rohnert Park ( "City ") and ESA ( "Consultant ") for the preparation of an Environmental Impact
Report (EIR) for the Northeast Area Specific Plan ( "Fourth Amendment ") is entered into as of
the _ day of , 2009, ( "Effective Date "), by and between City and Consultant.
WHEREAS, City and Consultant are parties to that certain Agreement for Services dated
October 16, 2003 for the preparation of an Environmental Impact Report (EIR) for the Northeast
Area Specific Plan ("Agreement");
WHEREAS, the Agreement was amended on September 13, 2005, June 13, 2006, and
February 26, 2008 ( "Amendments ");
WHEREAS, based on the submittal of a revised Specific Plan document. the City has
requested additional professional services from Consultant, as outlined in the
Scope /Costs /Scheduled for Additional Requested Work to be Conducted for the EIR for the
revised Northeast Area Specific Plan dated February 10, 2009 ( "Additional Work "), attached
hereto and incorporated herein as Exhibit A; and
WHEREAS, City and Consultant desire to enter into this Fourth Amendment to provide
for the Additional Work as set forth below.
NOW, THEREFORE, in consideration of the following mutual promises, City and
Consultant agree as follows:
1. Section 1. SCOPE OF WORK. Section 1, Scope of Work, is hereby amended to
read as follows: "Consultant shall perform those services described as Tasks in the Scope of
Work and Schedule of Performance, together with those tasks outlined in Exhibit A, within the
time frames stated therein,"
2. Section 3.. COMPENSATION. Section 3.A. is hereby amended to read as
follows: "City shall pay Consultant as compensation in full for such services and expenses at the
rates set forth in the Standard Hourly Rates and Charges attached to the respective approved
proposal, with the total sum not to exceed $337,055.50 (current contract amount of $315,858.50
plus $21,197.00 for the Additional Work described in Exhibit "A "). Progress payments will be
tied to completion of tasks so all payments are proportional to the work completed."
3. AGREEMENT IN EFFECT. Except as amended by the this Fourth
Amendment, the Agreement, as amended, shall remain in full force and effect.
4. COUNTERPART SIGNATURES. This Fourth Amendment may be signed in
multiple counterparts which, when signed by all parties, shall constitute a binding agreement.
1170173x1 80078/0014
IN WITNESS. THEREOF, the parties have caused their authorized representative to
execute this Fourth Amendment as of the Effective Date.
CITY OF ROHNERT PARK ESA
By: By:
Dan Schwarz, Interim City Manager Karl Heisler,
Community Development Co- Manager
Date: Date:
2
1170173x1 80078/0014
F`7 ESA
February 10, 2009
Ron Bendorff
City of Rohnert Park Planning Department
6750 Commerce Boulevard
Rohnert Park, CA 94928 -2486
225 Bush Street www.esassoc.com
Suite 1700
San Francisco, CA 94104
415.896.5900 phone
415.896.0332 fax
Subject:. Scope /Costs for Additional Requested Work to be Conducted for the EIR for the revised
Northeast Area Specific Plan
Dear Mr. Bendorff:
The following provides a description of the additional work scope and cost estimate to complete the EIR for the
proposed revised Northeast Area Specific Plan. This proposed amendment was developed based on ESA's
review of the revised Northeast Area Specific Plan (October 2008), the current regulatory and physical setting,
discussions with City staff regarding required new data, and using current ESA and W -Trans billing rates. This
update is necessary to accommodate the revised Project Description as well as to incorporate the information
included in the forthcoming City of Rohnert Park Traffic Consolidated Operations Study currently being.prepared
by AECOM.
Proposed Work Scope
Update Administrative Draft EIR
The following discussion presents considerations related to the updating of individual EIR sections for the revised
.Northeast Area Specific Plan.
EIR Project Description
The applicant submitted a copy of the revised Northeast Area Specific Plan for consideration in the EIR. Upon
review of the revised plan, there are a number of minor modifications to the Specific Plan's land use plan, internal
circulation system, phasing, and revised figures and miscellaneous text changes. The Project Description will be
revised to include any new aspect of the revised Specific Plan, both in text, tables, and figures.
Transportation and Circulation (W- Trans)
• The updated Specific Plan increases the total number of residential units and increases the anticipated trip
generation by over 900 vehicles per day. As a result, the traffic analysis completed by W -Trans for the
current ADEIR draft in May 2008 will need to be updated to reflect the additional increment of traffic and
identify any potential changes to impacts and mitigations.
• The finalized Consolidated Operations Study is expected to include future traffic volume projections that
differ slightly from what each of the three transportation consultants preparing EIR analyses for the Northeast
Area Specific Plan EIR, Sonoma Mountain Village EIR, and Southeast Area Specific Plan EIR, derived
EDIT "A
ESA
Ron Bendorff
February 10, 2009
Page 2
independently. As such, W -Trans will need to update all year 2020 and year 2012 traffic projections
accordingly for the Northeast Area Specific Plan to ensure that all future volumes match what will appear in
the other two EIR's being prepared for the City. This update will be done in tandem with the updates needed
to reflect the revised Project Description.
• The impacts and mitigation measures developed in the current Northeast Area Specific Plan ADEIR will be
revised as necessary to reflect the updated future traffic projections, if necessary, and also updated to concur
with the impacts and mitigation measures included in the Consolidated Operations Study.
• The revised Transportation and Circulation section will include modifications to text, tables, and exhibits that
account for the updated project description as well as updated projections contained within the AECOM
Consolidated Operations Study. The Technical Appendix will also be revised to include all updated Level of
Service (LOS) calculations.
Air Quality
• Update the Air Quality Setting section to include a discussion of CARB's GHG Scoping Plan adopted in
December 2008 and its Draft GHG Significant Thresholds under. CEQA proposed in January 2009.
• Recalculate operational criteria pollutant emissions based .on new traffic numbers and amend analysis text as
necessary.
• Calculate GHG emissions resulting from project construction as required by OPR in its Technical Advisory on
Addressing Climate Change through CEQA.
• Recalculate CO concentrations at intersections based on new traffic numbers and amend analysis text as
necessary.
• Recalculate GHG emissions based on new traffic numbers and updated guidance from CARB and OPR.
• Reassess project GHG impacts relative to the latest proposed thresholds of CARB and recalculate emissions.
• Assess consistency of the proposed Specific Plan with the Recommended Actions of CARB's Scoping Plan.
Noise
• Recalculate roadway noise levels based on new traffic numbers and amend analysis text as necessary.
Land Use; Population and Housing; Public Services and Utilities; Water Resources
• As appropriate, update the Land Use, Population and Housing, Public Services and Utilities, and Water
Resources impacts sections to acknowledge new project information associated with the revised Specific
Plan.
r �
Ron Bendorff
February 10, 2009
Page 3
Alternatives
• No new alternatives are proposed to be added to the EIR, however, based on impacts determined in the
analysis conducted as part of the revised ADEIR, it is assumed minor revisions to the existing Alternatives -
chapter may be required.
Draft EIR, Final EIR, and MMRP
No substantial changes in work effort are assumed for Tasks 6 through 9 from ESA's original contract with the
City (October 16, 2003, as amended) for the EIR for the Northeast Area Specific Plan, specifically:
Task 6: Prepare Draft EIR
Task 7: Prepare Administrative Final EIR
Task 8: Prepare Final EIR
Task 9: Prepare Mitigation Monitoring and Reporting Program (MMRP)
However, this proposed amendment reflects changes in ESA/W -Trans billing rates, specific staff anticipated to
work on the project, and direct costs. See Costs, below.
Costs
Total estimated net new costs are estimated to be conducted on a time and materials basis, for an amount not to
exceed $21,197
Schedule and Assumptions
The proposed revised project schedule is shown below. The overall duration of the schedule is believed to be
sufficient to accomplish the proposed scope of work, depending on the timely availability of required project
information from the City, and the timely review by the City of submitted work products. Other than the
identified schedule for the ADEIR, all other timeframes are consistent with the original contract with the City.
ANTICIPATED SCHEDULE FOR ENVIRONMENTAL REVIEW
Schedule
Task (by weeks) Notes
Preparation of Administrative
Draft EIR
City Review of ADEIR
WkItoWk8
Wk 9 to Wk 11
Assume 8 weeks
Assumes 3 -week review period
Preparation of Draft EIR I Wk 12 to Wk 14 I Assumes review of screencheck at 2 weeks;
1 week to publish.
ESA
Ron Bendorff
February 10, 2009
Page 4
Public Comment Period (45 days)
Preparation of Administrative
Final EIR and MMRP
City Review of Administrative
Final EIR and MMRP
Preparation of Final EIR and
EIR Certification
Wk 15 to Wk 20
Wk 21 to Wk 25
Wk 26 to Wk 27
Wk 28 to Wk 30
Wk 31 -33
Assumes 45 -day review period
Dependent on nature and volume of
comments
Assumes 2 -week review period
The proposed amendment is based upon the following assumptions and conditions:
• The project description will not change substantively from that presented to ESA at the start of work.
• City staff, the project applicant and its consultants, and other public agencies will respond to information
requests in a timely manner. If information is identified as relevant and available through project
participants subsequent to ESA's initial data request, the project participants will provide it to the project
team in a timely manner.
• The Administrative Draft EIR and Administrative Final EIR Addendum will receive one round of review
(plus screencheck) prior to publication.
• All project - descriptive graphics for use in the EIR will be provided by the project applicant in a form that is
readily adaptable for use in the EIR.
• The City will be responsible for recording public comments at any public hearing held on the Draft EIR.1
• The City will be responsible for all public noticing public hearings.
• ESA will be responsible for mailing and distribution of the Draft EIR, and Final EIR. However, the City or
the project applicant will provide mailing lists and/or. labels.
• Work will not be stopped or slowed by circumstances outside the consultant's control. Additional
administrative, management, scheduling, and rescheduling costs caused by an external delay shall be
recoverable by consultant as extra work.
• Consultant team costs required to prepare the Draft EIR, Administrative Final EIR, and Final EIR shall not
exceed the total aggregate cost shown for these tasks in the Cost Estimate. Any consultant team costs
1 If desired,. ESA can arrange for appearance by a court reporter. An additional fee would be charged.
►" ESA
Ron Bendorff
February 10, 2009
Page 5
required for these tasks in excess of this amount shall be compensated on a time - and - materials basis as
additional work.
Consultant team labor hours assignable to project meetings and hearings shall include time required to
prepare for in travel time to and from meetings, and any time required for follow -up activities
required as a result of meetings, as well as time actually spent in meetings. Any costs for this task in excess
of the amount for this task shown in the cost estimate table shall be compensated on a time -and- materials
basis as additional work.
Should you have any questions regarding this scope of work and costs, please feel free to contact me. If this
proposal is agreeable to you, please sign and date a copy of this letter in the spaces provided, and return it to us at
your earliest convenience.
Sincerely,
Paul Mitchell
ACCEPTED:
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Date:
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