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2024/08/13 City Council Resolution 2024-066RESOLUTION NO. 2024-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE SECOND AMENDMENT TO THE MASTER AGREEMENT WITH MINTIER HARNISH LP FOR PREPARATION OF AN UPDATE TO THE GENERAL PLAN IN THE AMOUNT OF $26,476 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the Rohnert Park General Plan 2020 was prepared to provide the City's planning vision for approximately 20 years and this planning period has past and an update to the General Plan is needed; and WHEREAS, the City's current General Plan also requires revisions and additions to address changes in State law, the 2017 Office of Planning and Research General Plan Guidelines, and contemporary planning practice; and WHEREAS, the City's contracting practices are governed by its Purchasing Policy; and WHEREAS, in accordance with the Purchasing Policy, staff solicited proposals from qualified planning firms in 2017 and selected Mintier Hamish to prepare an update to the General Plan; and WHEREAS, on March 27, 2018, the City Council authorized and approved an agreement with Mintier Hamish for an update to City's General Plan for a total amount not to exceed $1,141,207. WHEREAS, Mintier Harnish has worked diligently on the General Plan update and has completed a draft of the General Plan 2040 Policy document and an administrative draft of the environmental impact report; and WHEREAS, in May 2023, the U.S. Department of the Interior, Bureau of Indian Affairs notified the City that it had approved an expansion of the Federated Indians of Graton Rancheria's (FIGR's) reservation, which includes approximately 66 acres within the City limits of Rohnert Park that had been designated as portions of the Northwest and Wilfred Dowdell Specific Plan Areas; and WHEREAS, in October 2024, the City Council approved a First Amendment to the Master Agreement with Mintier Harnish to incorporate the expanded reservation into both the draft General Plan 2040 Policy Document and the administrative draft environmental impact report; and WHEREAS, the City would benefit from additional alternative analysis in the General Plan environmental impact report to support a more robust and quantitative comparison of land use alternatives, particularly in light of the changes that result from the expanded reservation; and WHEREAS, in accordance with the City's Purchasing Policy, Mintier Harnish has provided a proposal of $26,476 to perform the additional analysis; and WHEREAS, staff has reviewed the proposal and finds that it reasonably reflects the analysis services to support a more robust comparison of alternative land use scenarios. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize the Second Amendment to the agreement by and between Mintier Harnish LP, a Limited Partnership, and the City of Rohnert Park, a municipal corporation to increase the contract amount by $26,476.00 to a total not to exceed amount of $1,248,676.00. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions to effectuate the terms of the agreement, as amended, for and on behalf of the City of Rohnert Park, including execution of the Second Amendment attached hereto as Exhibit A, subject to minor modifications approved by the City Manager or City Attorney. DULY AND REGULARLY ADOPTED this 13`h day of August, 2024. 7HAdams, NERT PARK ATTEST: Mai or Sylvia Lo z , �ity Clerk Attachments: Exhibit A - Second Amendment to the Master Agreement with Mintier Hamish LP for Completion of the General Plan Project ELWARD//{ RODRIGUEZ: �SXSBOR\J �GIUDICEkf ADA)iS: A S: ( 5) NOES: ABSENT: i ABSTAIN: ( Resolution 2024-066 Page 2 of 2 SECOND AMENDMENT TO THE MASTER AGREEMENT WITH MINTIER HARNISH LP FOR COMPLETION OF THE GENERAL PLAN PROJECT This Second Amendment to the Agreement between the City of Rohnert Park ("City") and Mintier Harnish LP ("Consultant"), for increased compensation and amended scope of work for the General Plan Update Project ("Second Amendment") is entered into as of the day of July, 2024, ("Effective Date"), by and between City and Consultant. RECITALS A. The city's current General Plan requires revisions and additions to address changes in State law, the 2017 Office of Planning and Research General Plan Guidelines, and contemporary planning practice. B. City and Consultant are parties to that certain Agreement entitled "MasterAgreementfor Consultant Services" (the "Master Agreement") dated March 27, 2018, and authorized through Resolution No. 2018-042 approved by the City Council on March 27, 2018, for the amount of $1,141,207. C. The City and Consultant have executed a First Amendment to the Agreement, dated October 10, 2023, which increased the amount of the contract by $80,723, to a total of $1,221,930 and extended the term to December 31, 2024. The purpose of the First Amendment was to provide for mapping updates and land use analysis services related to the recently expanded tribal trust Iands of the Federated Indians of Graton Rancheria. The Master Agreement, as previously amended by the First Amendment, shall be referred to herein as the "Agreement." D. The City now desires to execute a Second Amendment to the Agreement in order to enhance the technical analysis of alternatives in the Draft Environmental Impact Report to support its decision making, especially in light of the recently expanded tribal trust lands of the Federated Indians of Graton Rancheria. AGREEMENT NOW, THEREFORE, in consideration of the following mutual promises, the parties hereby amend the Agreement as follows: 1. Amendment to Scope of Work. Exhibit A of the Agreement describing the scope of work shall be amended to include the tasks and outcomes described in the attached Exhibit A1. 2. Compensation. Consultant shall perform the services described in the Agreement, as modified by this Second Amendment, for a total not -to -exceed compensation in amount of One Million Two Hundred Forty -Eight Thousand Six Hundred Seventy Six Dollars ($1,248,676.00), an increase of Twenty -Six Thousand Seven Hundred Forty Six Dollars ($26,746.00.00). Compensation shall be based on the rates set forth in the Agreement. 3. Term. The term of the Agreement shall be extended to June 30, 2024. 4. Agreement in Effect. Except as amended by this Second Amendment, the Agreement shall remain in full force and effect. 5. Counterpart Signatures. This Second Amendment maybe signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. 4859-8301-0002 v1 IN WITNESS THEREOF, the parties have executed this Second Amendment as of the date first written above. CITY OF ROHNERT PARK CONSULTANT City Manager Date: Per Resolution No. 2024-_adopted by the Rohnert Park City Council at its meeting of July 9, 2024. APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk By: _ Title: Date: COT By: Title Date 4859-8301-0002 vl 2 Exhibit A-1 Scope of Work General Plan Program EIR Revisions for Enhanced Alternative Analysis The following scope and budget amendment addresses revisions to the General Plan Program EIR to support a more robust analysis of four potential land use alternatives for the purposes of CEQA review. The following scope provides for one additional land use alternative, beyond the three alternatives initially scoped. The scope also provides for additional traffic, air quality and greenhouse gas modeling for the proposed alternatives in order to support a more robust decision -making process around the General Plan EIR. Additional Scope for Task 6.3 - Administrative Draft Program EIR This task includes time for Rincon to revise the working version Administrative Draft EIR Alternatives chapter to address the City's revisions, provided on May 9, 2023. The City's requested revisions requiring additional scope and budget include new air quality and greenhouse gas modeling to support the findings of the analysis, as well as the addition of Alternative 4: "Missing Middle Housing" West of Highway 101. Necessary edits to address the addition of this new alternative include: • Modification of summary tables in Section 6, Alternatives. • New analysis of Alternative 4, similar to the level of analysis provided for Alternatives 2 and 3. • Generation of a new figure showing the areas of change associated with Alternative 4. Rincon will conduct new California Emissions Estimator Model (CaIEEMod) runs for each project alternative, in order to provide a qualitative comparison of each alternative to the proposed project. Rincon will also incorporate the findings of VMT modeling for each project alternative, to be provided by Fehr & Peers. This task also includes time for attendance at additional team meetings to discuss the EIR Alternatives and approach beyond that in the current authorized scope of work. The additional labor is associated with managing the comments and input provided by the City during the meetings, and ensuring the comments are routed to the appropriate technical staff at Rincon to address and incorporate into the EIR sections. City of Rohnert Park General Plan Update EIR Additional Scope for Task 9 — Transportation Modeling Fehr & Peers will update the Sonoma County Transportation Authority (SCTA) travel demand model runs previously prepared for the Rohnert Park General Plan to reflect the below General Plan alternatives: • Alternative 1: No Project (this model run has already been completed) • Alternative 2: Environmental Conservation 4859-8301-0002 vl 3 • Alternative 3: Workforce Housing Program • Alternative 4: "Missing Middle Housing" West of Highway 101 Fehr & Peers will work with the project team to finalize the land use assumptions for each alternative. The SCTA model runs will be used to compute new VMT estimates for the Proposed General Plan buildout alternatives. VMT estimates will include per capita metrics and VMT by speed bin metrics to support other environmental topic areas. The final VMT values will be provided in tabular format. Fehr & Peers will summarize the VMT analysis findings in a technical memorandum for project team review. We will respond to up to one round of consolidated comments on the draft before finalizing the memo. It is presumed that these new VMT values will be input into the EIR Transportation section by other members of the project team. Fehr & Peers has budgeted up to eight hours to review and provide comments on the Administrative Draft EIR Transportation section after these updates are completed. 4859-8301-0002 v1 4 Cost Estimate General Plan Program EIR Revisions for Enhanced Alternative Analysis Task Cost Additional Scope for Task 6.3 — Administrative Draft Program EIR $9,000.00 Additional Scope for Task 9 — Transportation Modelling $17,746.00 Total $26,746.00 4859-8301-0002 v1