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2006/06/13 City Council Resolution (6)RESOLUTION NO. 2006-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING AMENDMENT NUMBER TWO 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, on October 16, 2003, the City entered into an agreement with ESA to prepare an Environmental Impact Report (EIR) for the Northeast Area Specific Plan; WHEREAS, additional environmental work beyond that outlined in the original EIR proposal is necessary to assure compliance with the California Environmental Quality Act (CEQA) and consistency among the Draft Specific Plan EIRs now in preparation; WHEREAS, the City has received and reviewed the "Scope /Costs for Additional Requested Work to be Conducted for the Northeast Area Specific Plan EIR" dated May 31, 2006 ("Contract Augmentation") from ESA to perform the additional environmental work required; WHEREAS, the cost of preparing the additional environmental work per the proposal shall be the ultimate responsibility of the Northeast Area Specific Plan proponents; WHEREAS, Staff has prepared Amendment Number Two to the Agreement for Services between the City of Rohnert Park and ESA regarding the preparation of the work outlined in the Contract Augmentation proposal; WHEREAS, the City Council of the City of Rohnert Park has reviewed and considered the information contained in the Staff Report and all relevant materials regarding Amendment Number Two to the Agreement of Services between the City of Rohnert Park and ESA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that Amendment Number Two with ESA for an amount not to exceed $22,746.50 is approved and the City Manager is authorized to execute said Amendment. DULY AND REGULARLY ADOPTED on this 13thday of June , 2006, by the City of Rohnert Park City Council by the following vote: CITY OF R`O �� �-Mr �pw City Clerk a&, � %_ $� eLO HNERT P,-7 BREEZE: AVE FLORES: AYE MACKENZIE: AYE VIIDAK- MARTINEZ: AYE SMITH: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) AMENDMENT NUMBER TWO TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF ROHNERT PARK AND ESA REGARDING THE ENVIRONMENTAL IMPACT REPORT FOR THE NORTHEAST AREA SPECIFIC PLAN The original agreement between the City of Rohnert Park ( "City ") and ESA ( "Consultant ") is hereby amended. WHEREAS, the City entered into an agreement with Consultant, dated October 16, 2003 for the preparation of the Environmental Impact Report (EIR) for the Northeast Area Specific Plan; and WHEREAS, the City has requested additional professional services from the Consultant, as outlined in the attached Northeast Area Specific Plan EIR Contract Augmentation Request; and NOW, THEREFORE, City and Consultant agree as follows: Section 1. SCOPE OF WORK, is amended as follows: Consultant shall perform those services described as Tasks in the Scope of Work and Schedule of Performance with the addition of those tasks outlined in the Scope /Costs for Additional Requested Work to be Conducted for the Northeast Area Specific Plan. EIR dated May 31, 2006 attached as Exhibit "A" within the time frames stated therein. Section 3. COMPENSATION, is amended as follows: A 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 $230,886.50 (current contract amount of $208,140.00 is increased by $22,746.50 for the additional work tasks described in attached Exhibit "A" dated May 31, 2006.) Progress payments will be tied to completion of tasks so all payments are proportional to the work completed. All other sections of the Agreement shall remain as currently written. IN WITNESS THEREOF, the City and the Consultant have caused their authorized representative to execute this Amendment Number Two on the dates indicated below. CITY OF ROHNERT PARK By: Stephen R Donley, City Manager (Date) Per Resolution No. 2006 -154 adopted by the City Council on June 13, 2006 Attest: ESA By: Marty Abell, Vice President Approved as to form: City Clerk City Attorney (Date) ESA Co�T munity 225 Bush Street www.esassoc.com Development Suite 1700 San Francisco, CA 94104 415.896.5900 phone 415.896.0332 fax May 31, 2006 Ron Bendorff City of Rohnert Park Planning Department 6 750 Commerce Boulevard Rohnert Park, CA 94928 -2486 Re: Scope /Costs for Additional Requested Work to be Conducted for the Northeast Area Specific Plan EIR Dear Mr. Bendorff_ As requested, ESA is submitting a description of the additional out -of -scope work in support of the Northeast Area Specific Plan EIR. The following provides description of the additional tasks and costs; much of this work lta : already been completed_ Task 1. Re- Analysis of U.S. 101/Wilfred Dowdell Interchange W -Trans has incurred additional costs associated with Caltrans' reconfiguration of the Wilfred Avenue -Golf Course Drive freeway interchange, which includes 5 of the I I study intersections evaluated in the Northeast Area Specific Plan EIR_ W -Trans had already completed all future traffic projections for the interchange based on the configuration shown in the June 2004 Caltrans Initial Study for the project. In December 2004, Caltrans determined that the proposed reconfiguration of the interchange was unacceptable to the Public Utilities Commission (PUC) and would need to be redesigned. Caltrans presented a modified design to the Rohnert Park City Council on January 19, 2005, and upon receiving concurrence from the City is proceeding with that design. W -Trans staff actively attended meetings and "chased" the new design approach. W -Trans also revised future traffic projections, traffic conditions, and mitigation at the five interchange intersections based on the new Caltrans design_ $5,250.00 — W -Trans Costs for Re- Analysis of U.S. 101 /Wilfred Dowdell Interchange. 787.50 - ESA standard 15% burden on W -Trans task $6,037.50 Subtotal Task 2. Penngrove - Cotati Analysis W -Trans has incurred costs associated with analysis of intersections in Penngrove - Cotati. In February 2005, the City determined that a traffic analysis should be conducted for locations within the community of Penngrove and the City of Cotati. The analysis included evaluation of three additional intersections: Petaluma Hill Road/Adobe Road (Penngrove); Main Street /Old Redwood Highway (Penngrove); and East Cotati Avenue /Old Redwood Highway (Cotati). The base existing and 2020 volumes applied in the Southeast Area EIR were made available to W- Trans. W -Trans adjusted volumes to reflect conditions with and without the Northeast Area Specific Plan under both 2012 and 2020 conditions. This task also required updating of the traffic forecasting model to include Exhibit "A" — Contract Augmentation Proposal ESACommunity Development Name of recipient Date Page 2 the additional locations. No infrastructure mitigation measures for these locations or calculating fair share costs were identified, however, a discussion of mitigation options being considered by the County of Sonoma for Penngrove, as well as potential funding sources such as the recently - adopted Measure M, were included. $3,400.00 — W -Trans Costs for Penngrove- Cotati Analysis $510.00 - ESA standard 15% burden on W -Trans task $3,910.00 Subtotal (Note that the W -Trans had split the Penngrove - Cotati analysis costs between the NE Area Specific Plan EIR and University District EIR) Task 3. New Traffic Analysis for Consistency with University District EIR A number of tasks are being conducted by W -Trans in order to bring the NE Area Specific Plan consistent with the University District EIR, as follows: a. A freeway analysis will be conducted for U.S. 101 segments to the north and south of the Wilfred -Golf Course Drive interchange. This evaluation is expected to result in a new significant and unavoidable impact. b. Based on Caltrans comments received on the University District EIR, additional discussion will be provided regarding ramp queuing at the Wilfred freeway interchange. c. The section describing study area will be updated to describe why the Rolmert Park Expressway interchange was not included in the analysis. The summary will indicate that the interchange was analyzed and is expected to operate acceptably in 2020 at buildout including the addition of both the University District and NE Area project areas. d_ More of the cumulative projects included in the future analysis will be specifically listed including SSU growth to 10,000 FTE , the Green Music Center, other Specific Plan areas, and the Casino. e. The City of Rohnert Park prepared text explaining how the City intends to contribute to regional impacts in the County ( Penngrove) and Cotati. This text will be incorporated into the DEIR. - f. Text regarding relevance of the jurisdiction of Petaluma Hill Road will be provided. This is in response to ongoing discussions on the topic between the City and County. g. A section describing Emergency Response will be added. $2,860.00 — W -Trans costs 429.00 - ESA standard 15% burden on W -Trans task $3,289.00 Subtotal Task 4. Revisions to Administrative Draft EIR to reflect Revised Northeast Area Specific Plan and Revised/New Biological Information The applicant revised the Northeast Area Specific Plan and provided a copy of the revised Plan to ESA for consideration in the EIR. Upon review of the revised plan, there are a number of modifications to the specific plan's land use plan, internal circulation system, phasing, estimates of acreages, and revised figures and Community Development 2 Name of recipient Date Page 3 miscellaneous text changes_ In addition, the applicant also recently provided several detailed biological - related documents to LISA including a new Biological Assessment and Hover Mitigation Bank Plan. ESA believes it is important for the EIR for the NE Area Specific Plan to accurately reflect the changes proposed. The EIR project description will need to be revised, a number new project graphics will need to be replaced, and several environmental analysis sections (in particular, Biological Resources) will need to be revised to reflect this new information_ General on -going consultation has also occurred between ESA and the applicant's biological consultants regarding the new information. 510.00 - ESA costs (Project Management, Analysts, and Graphics/\V P) $9,510.00 Subtotal Vot a' 1" stimated Costs .otal estimated costs for Task I through 4 are estimated to be conducted on a time and materials basis, for an amount not -to- exceed $22,746.50. 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 cc: MA; 203248 ACCEPTED: Date: