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HomeMy WebLinkAboutItem 8.3 Downtn Dub Grant FundOFDU~~~ CITnnY CLERK X11 File # ^L~J®©-^2 \~ ~/ .C'.1r.__ ~~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 17, 2009 SUBJECT: Station Area Planning Grant Draft Funding Agreement for the Downtown Dublin Specific Plan Environmental Impact Report Report Prepared by Marnie R. Waffle, Senior Planner ATTACHMENTS: 1) Resolution approving a draft Funding Agreement for a Station Area Planning Grant for an amount not to exceed $200,000 for the preparation of an Environmental Impact Report for the Downtown Dublin Specific Plan and authorizing the City Manager to sign the final Funding Agreement, with the draft Funding Agreement attached as Exhibit A. RECOMMENDATION: 1) Receive Staff presentation; and 2) Adopt Resolution approving a draft Funding Agreement for a Station Area Planning Grant for an amount not to exceed $200,000 for the preparation of an Environmental Impact Report for the Downtown Dublin Specific Plan and ~ ~ authorizing the City Manager to sign the final Funding C.~ Agreement. FINANCIAL STATEMENT: The City of Dublin has been awarded a Planning Grant for up to $200,000 to prepare an Environmental Impact Report for the Downtown Dublin Specific Plan. Per the terms and conditions of the grant, the City is required to make a 20% match of local funds, up to $40,000. The Fiscal Year 2008/2009 budget allocated money to hire a consultant to prepare the Environmental Impact Report; up to $40,000 will be spent from the Fiscal Year 2008/2009 budget to provide the local match of funds. The Fiscal Year 2008/2009 budget also allocated money for RBF/LTDS Consulting to prepare the Downtown Dublin Specific Plan document. COPY TO: Justin Fried, ABAG Page 1 of 5 ITEM NO. ~ . 3 C: IPA#12007107-036 Downtown Dublin Specific PIanlCity CouncillCCSR 02.17.09 Funding Agreement.doc PROJECT DESCRIPTION: Downtown Dublin Specific Plan The City Council Goals and Objectives identified the preparation of a comprehensive Downtown Dublin Specific Plan as a high priority goal. In June 2007, the City Council approved a Consulting Services Agreement with RBF/UDS Consulting for the preparation of a Downtown Dublin Specific Plan. The Specific Plan is envisioned to encompass the area currently comprised of the following five existing Specific Plans: 1) Downtown Core Specific Plan; 2) Dublin Downtown Specific Plan; 3) San Ramon Road Specific Plan; 4) West Dublin BART Specific Plan; and 5) Village Parkway Specific Plan (see Figure 1 below). The preparation of a new, comprehensive Specific Plan will include components such as: 1) a review of the existing setting; 2) an opportunities/constraints analysis; 3) an economic analysis; 4) identification of the final Specific Plan boundary; 5) an evaluation of land uses, densities, and public spaces; and, 6) design guidelines. 2of5 Proiect Status Review of Existing Setting and Public Outreach A review of the existing setting was completed in late 2007 and between November 2007 and February 2008 a number of public outreach efforts were held to engage the community in the process of developing a new Specific Plan: The City hosted a series of walking tours through the plan area and an evening workshop which provided residents, property owners, and business owners with an opportunity to share their ideas and to help shape the future of Downtown Dublin. The City also hosted an online Visual Preference Survey and invited the community to participate in the survey. Outreach regarding the survey included placing a flyer in water bills to notify residents about the on-line survey, placing an advertisement in the Parks and Community Services Activity Guide that is mailed to Dublin residents, and a television advertisement which ran on the local community channel, TV 30. The survey was designed to provide the City with a general understanding of the community's values as they related to architecture, streetscape designs, gateways and public spaces. Approximately 300 responses were received. Staff and RBF/UDS continue to meet one-on-one with interested property owners to discuss their vision for the future of their properties and the Downtown. Opportunities and Constraints Analysis and Economic Analysis The Opportunities and Constraints Analysis is currently being prepared to identify areas of strength to capitalize on in the Specific Plan area and opportunities to generate positive fiscal impacts to the City. Background studies including a Traffic and Transportation Analysis, Infrastructure Analysis, and Market Analysis are underway and will provide valuable data needed to complete the Opportunities and Constraints Analysis. The Opportunities and Constraints Analysis is anticipated to be complete in March 2009. Identification of Land Use Alternatives The Opportunities and Constraints Analysis will aid Staff and RBF/UDS in preparing up to three land use alternatives for the Downtown Dublin area. Each land use alternative will include a land plan and associated development program that identifies the following: 1) land uses; 2) building types; 3) square footages; and 4) parking and circulation. Each alternative will be further evaluated in the context of transportation systems using the City of Dublin Travel Forecasting Model to evaluate transportation impacts. The Travel Forecasting Model will be calibrated as part of the environmental review process and is necessary in order to evaluate the proposed land use alternatives and complete the transportation analysis section of the Environmental Impact Report. The land use alternatives will be presented to the City Council for direction on the preferred land use alternative in the fall of 2009. The preferred land use alternative will form the basis for creating the Specific Plan. Environmental Impact Report In conjunction with the preparation of the Downtown Dublin Specific Plan, an Environmental Impact Report (EIR) is required in accordance with the California Environmental Quality Act (CEQA). The Environmental Impact Report analyzes potential significant effects on the environment as a result of the project and identifies mitigation measures and reasonable alternatives to avoid the significant impacts. The Fiscal Year 2008/2009 budget allocated money to hire a consultant to prepare the Environmental Impact Report for the Downtown Dublin Specific Plan. Before Staff began the process of soliciting a consultant to prepare the Environmental Impact Report, the City was awarded a Planning Grant through the Station Area Planning Program to prepare the Environmental Impact Report. 3 of 5 Priority Development Area and Planning Grant Award As part of regional planning efforts to implement smart growth policies, the Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) have been working with local jurisdictions to create a specific and shared concept of where future growth can be accommodated and what areas need protection in the region. This effort included the designation of Priority Development Areas (PDA) within local communities that demonstrate an opportunity to accommodate mixed use, infill development near transit and job centers with an emphasis on housing. In December 2007, the City of Dublin received three Priority Development Area designations, one of which was the West Dublin BART Specific Plan area. In August 2008, the City applied for an amended Priority Development Area designation to expand the West Dublin BART Specific Plan Priority Development Area to encompass the entire area of the proposed Downtown Dublin Specific Plan. The amended Priority Development Area was approved by the Association of Bay Area Governments. With the Downtown Dublin Specific Plan Priority Development Area designation the City became eligible to apply for grant funding through the Station Area Planning Grant Program and in June 2008 was awarded a planning grant for up to $200,000 for the preparation of the Downtown Dublin Specific Plan Environmental Impact Report (EIR). In accordance with the terms and conditions of the grant, the City is required to make a 20% match of local funds, up to $40,000. Before the City can enter into a contract with a consultant to prepare the Environmental Impact Report, the City must enter into a Funding Agreement with the Metropolitan Transportation Commission which outlines the scope of work to be performed and the project budget and schedule for completion of the project. Funding Agreement The draft Funding Agreement (Attachment 1, Exhibit A, Attachments A, B and C) sets forth the scope of work to be performed, a project budget and schedule, and the terms and conditions of the grant. Scope of Work The Scope of Work is divided into three (3) tasks as follows: Task 1. Project Orientation and Definition, Initial Study, Notice of Preparation, Scoping Meeting and Travel Demand Modeling. The first task is to prepare a project description to be analyzed as part of the Environmental Impact Report. Once the project has been defined, an Initial Study would be prepared to determine potentially significant environmental impacts as a result of the project. The Notice of Preparation advertises to state, regional and local agencies as well as other interested parties that the City will be preparing an Environmental Impact Report and holding a Scoping Meeting to discuss the issues surrounding the project. Lastly, the existing City of Dublin Travel Forecasting Model would be updated to assess traffic impacts of proposed land uses on the transportation network and is necessary in order to complete the transportation analysis section of the Environmental Impact Report. Task 2. Preparation for Environmental Impact Report. The second task will analyze all required environmental categories for impacts to the environment and include mitigation measures for any potentially significant impacts. 4 of 5 Task 3. Adoption of the Environmental Impact Report. The third and final task is the preparation of the draft Environmental Impact Report which would be released for public review and comment. Following the public comment period, the final Environmental Impact Report would be prepared and brought before the City Council for certification. Project Budget and Schedule The Metropolitan Transportation Commission will distribute the grant money to the City in installments. As the City completes each of the tasks outlined in the project budget and schedule, the dollar amount associated with that task would be dispersed to the City and the City in turn would make a 20% match (see Attachment 1, Exhibit A, Attachment B for the project budget and schedule). In accordance with the terms and conditions of the grant, the project must be completed within 30 months of the project start date which was determined by the Metropolitan Transportation Commission to be February 1, 2009. Each task identified within the scope of work has an anticipated completion date based on the February 1St start date. Due to unforeseen delays in the Metropolitan Transportation Commission's review time of the draft Funding Agreement, Staff is requesting of the Metropolitan Transportation Commission that the completion dates for each of the tasks be modified to reflect more realistic timeframes based on the date the final Funding Agreement is executed. Based on the February 1St start date, the Environmental Impact Report would need to be completed by September 30, 2011. However, it is only anticipated to take 12-18 months to complete the Environmental Impact Report once the Funding Agreement is executed and a consultant has been selected. Building the entire 30 month time frame into the schedule gives the City maximum flexibility to ensure that the project is completed in accordance with the terms of the grant and the full amount of grant funding is received. Terms and Conditions of the Grant The terms and conditions of the draft Funding Agreement are standard conditions applied to all projects which are funded by the Department of Transportation. Currently the draft Funding Agreement is proceeding through legal review at the Metropolitan Transportation Commission and is expected to have some minor modifications including modified completion dates prior to being finalized. Staff is recommending that the City Council approve the draft Funding Agreement in concept and authorize the City Manager to review and approve minor changes to the Agreement once the final Funding Agreement is provided to the City and to sign the final Funding Agreement. Request for Proposals A Request for Proposals for a consultant to prepare the Environmental Impact Report would be released the week of February 23, 2009 should the City Council approve the draft Funding Agreement and authorize the City Manager to sign the final Funding Agreement. Staff would accept proposals for 30 days and anticipates returning to the City Council in May 2009 with a Consulting Services Agreement to contract with a consultant to prepare the Environmental Impact Report. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; and 2) Adopt Resolution approving a draft Funding Agreement for a Station Area Planning Grant for an amount not to exceed $200,000 for the preparation of an Environmental Impact Report for the Downtown Dublin Specific Plan and authorizing the City Manager to sign the final Funding Agreement. 5 of 5 i ~~ ~~ RESOLUTION NO. XX - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A DRAFT FUNDING AGREEMENT FOR A STATION AREA PLANNING GRANT FOR AN AMOUNT NOT TO EXCEED $200,000 FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE DOWNTOWN DUBLIN SPECIFIC PLAN AND AUTHORIZING THE CITY MANAGER TO SIGN THE FINAL FUNDING AGREEMENT WHEREAS, the City Council Goals and Objectives includes as high priority goal the preparation of a General Plan Community Design Element, and the preparation of a comprehensive Downtown Dublin Specific Plan (DDSP) (with Design Guidelines) that combines the area of the existing Downtown Core Specific Plan, Dublin Downtown Specific Plan, West Dublin BART Specific Plan, and San Ramon Road Specific Plan into one comprehensive Specific Plan; and WHEREAS, the City of Dublin distributed a Request for Proposals to solicit a consultant to help prepare a General Plan Community Design Element and comprehensive Downtown Dublin Specific Plan; and WHEREAS, the City Council held a public meeting on March 20, 2007, and directed Staff to incorporate the Village Parkway Specific Plan area into the planning efforts for the future Downtown Dublin Specific Plan; and WHEREAS, the City of Dublin City Council has directed Staff to move projects expeditiously, and hire consultant firms when services are needed; and WHEREAS, the City Council held a public meeting on June 19, 2007, and adopted Resolution 105-07 approving a Consulting Services Agreement with RBF/UDS, to prepare a General Plan Community Design Element and Downtown Dublin Specific Plan; and WHEREAS, $272,200 was allocated in the Fiscal Year 2006/2007 budget for the contract; and WHEREAS, additional funds were allocated in the Fiscal Year 2007/2008 and Fiscal Year 2008/2009 budgets for completion of the contract; and WHEREAS, additional money was allocated in the Fiscal Year 2008/2009 budget to prepare an Environmental Impact Report and calibrate the City of Dublin Travel Forecasting Model; and WHEREAS, in June 2008 the City of Dublin was awarded a planning grant of up to $200,000 for the preparation of an Environmental Impact Report including calibration of the Travel Forecasting Model for the Downtown Dublin Specific Plan; and WHEREAS, the terms and conditions of the planning grant requires a 20% local match of funds; and WHEREAS, the City must enter into a Funding Agreement (draft Funding Agreement attached as Exhibit A) with the Metropolitan Transportation Commission (MTC) which outlines the scope of work, ~-i7-~`~ ~" 3 ATTACHMENT 1 s a~~ l~ the project budget and schedule, and the terms and conditions of the grant for the preparation of the Environmental Impact Report for the Downtown Dublin Specific Plan; and WHEREAS, the draft Funding Agreement is subject to change as it proceeds through the legal review process with the Metropolitan Transportation Commission; and WHEREAS, Staff recommends that the City Council approve the draft Funding Agreement in concept and authorize the City Manager to review and approve minor changes to the Agreement once the final Funding Agreement is provided to the City; and WHEREAS, the City must enter into a Funding Agreement with the Metropolitan Transportation Commission (MTC) before it can enter into a contract with a consultant to prepare the Environmental Impact Report for the Downtown Dublin Specific Plan; and WHEREAS, per the terms and conditions of the grant, the City is required to complete the Environmental Impact Report within 30 months of the start date of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a draft Funding Agreement for the Station Area Planning Grant in the amount of up to $200,000 for the preparation of an Environmental Impact Report for the Downtown Dublin Specific Plan and authorizes the City Manager to review and approve minor changes to the Funding Agreement and to sign the final Funding Agreement. PASSED, APPROVED AND ADOPTED this 17`" day of February 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:\PA#\2007\07-036 Downtown Dublin Specific Plan\City Council\CC Reso Funding Agreement.doc 2 _.~3 ~'~ CT ~31~'l'It 131'(11. l'I:\.\ ~~+.+~~~h 1'. li~~rr \f.~i r. +(:.-i+t.r 1"li :\\1{'1312 1:\"!'Itt\ I~fl 1~+l.l+e l+tiir++~r i l:, i:l~rt+k, (_ \ "-it~t+".. -i"rtt+ ((3,11 \t l!s1113'~ II~.1. ~Llr.*i-. ~~'cre 1-I 1'It 313 illl.~i-."-n, f-\\ ~tii tii' +xiN 11l'.li .. ..., .u i+,..+ EXHIBIT A TO ATTACHMENT 1 ~ ~y ~ ~ rtar 11r„Gt, cr d~ c~~.,,:.~,~,~,,,,,ir „~.. January 7, 2009 Srur1 HolGr+ri~, t im Cbr+i+- Joni Pattillo ,;.,,,. s+,,,,m~r,r,. .. ~,,,,,~,~,, ,<~.,, ~~..~.,~~ City Manager City of Dublin InIN IAlfr`f 100 Civic Plaza Dublin, CA 94583 !hun,. f:An r ,,,,,,, ,,,,,,,,,~. RE: Funding Agreement for Dublin Planning Grant ,,,,. < <„r,~,~ ,...~ ~ ~,,,~. r•:, ~~,~,,,,.,,,,., _,. Dear Ms. Pattillo: l~F•r&~,e+l r,. r;rnr•r. This letter is our Funding Agreement for the performance of station area planning assistance ("the Agreement"). . L„rr tl: Ilnl~led ~..I 11.. ~ I, q. - ...~ f ~., i...,..,.- ,,~,,.,;;,,,_,. It is agreed that the City of Dublin (also referred to as "RECIPIENT") will perform, or engage a consultant to perform, the project tasks specified in Attachment A, .ties Lsvulxri " ~ °' ~•° ~ Scope of Work attached hereto and incorporated by this reference. jnkr .5Ln 4ewcir .,,.,,.;i; ~~,. ~,..-d, ~.~., Doug Johnson (herein "MTC Contract Manager") shall be responsible for the J r, Nrrh;u ~" ~ """" ""''` ~''""" overall administration of the Agreement, including approving deliverables and ,~,~. ~,,~,,~."'`"','°"'"`. invoices. Day-to-day technical direction shall be provided by Justin Fried (herein "Project Manager") or a designated representative. ]ue,rr r'. Sperieg ...i ~".,, .,~, ,..,:d ~ r.,. ''~"`'""' j""" Payment to RECIPIENT shall be due in the amounts indicated in Attachment B, Project ,_~-~ ~,>r.+,, Bud eg t and Schedule, upon acceptance by the Project Manager of the Project . ~-, ,., r , ,. , ~ ,.-, , ,.,-,. A=„ y,„u=,. deliverables, described in detail in Attachment A. .r., .,~.,.,:.,,, ~, ' "` `"'' ` ' ""' "` ""'' "' """ Payment shall be made within thirty (30) days after receipt by MTC of an acceptable ,f=r= Hr,++i„~r= invoice, which shall be subject to the review and approval of MTC's Project Manager. '~°,,_'fr"~, RECIPIENT shall deliver or mail invoices to MTC, as follows: ,'^.'r,-~ ".'r~„rir, Accounting Department '°' `'°'''"'"''"~" Metropolitan Transportation Commission ,h""`" "`11;""' Joseph P. Bort MetroCenter 101 -- 8th Street Oakland, CA 94607-4700 J ~ ~. MTC/City of Dublin Station Area Plan-Funding Agreement Page 2 Subject only to duly executed amendments, it is expressly understood and agreed that in no event will the total compensation to be paid under the Agreement exceed the sum of two hundred thousand dollars ($200,000). The Agreement is funded in whole, or in part, by Surface Transportation Program (STP) funds allocated to MTC by the Federal Highway Administration, funds from which have been awarded to RECIPIENT by MTC, and the provisions in Attachment C, Terms aid Conditions, are hereby incorporated by reference. To the extent that they conflict with any of the above provisions, they supersede such provisions. Performance will begin on February 1, 2009, and be completed by September 30<2(J11, unless MTC terminates this agreement earlier as provided i~ Article 3, Termination, of Attachmertt C. If you agree, please sign both copies of this letter in the spice provided below and return one to us. The other copy is for your files. Very truly yours, Steve Heminger Executive Director SH: DJ: DR 7:\CONTRACT\Contracts-New` ~ ~ ~~" EAR-tQa 1 undingi~gtuts~.Sui~ion Area Plans\Template Station Area Plans 08-09.doc Accepted and Agreed to tlii5 :day of January 2009. Joni Pattillo . City Manager; City of Dublin CC: Justin Fried:As~ociation of Bay Area Goverments Mamie Waffle, City of Dublin 0;~ ! ~ ~, MTC/City of Dublin Station Area Plan-Funding Agreement Page 3 ATTACHMENT A SCOPE OF WORK Downtown Dublin Specific Plan Environmental Impact Report TASK 1: PROJECT ORIENTATION AND DEFINITION, INITIAL STUDY, NOTICE OF PRIEPARATION, SLOPING MEETING AND TRAVEL DEMAND MODELING RECIPIENT, with professional consulting assistance, would identify a Project description and coordinate a site visit. RECIPIENT, with professional consulting assistance, would: prepare an Initial Study for the proposed project. The Initial Study would include a discussion of all topics identified in the California Environmental Quality Act (CECtA) checklist. The purpose of the Initial Study would be to ;:fpcus out" environmental topics that do not require additional analysis: These topic, would likely include mineral resources and agricultural resources. RECIPIENT, with professional consulting assistance, would prepare Notice of Preparation (NOP) for City review along with a listing of agencies and griiups tq receive the NOP. RECIPIENT, with professional consulting assistance, wouidorganize and attend a Scoping meeting for the proposed project in conjunction with the Notice of Preparation (I`10P). The professional consultant would provide notice of the Scoping meeting to apprppriate state, regional and local agencies and attend the Scoping session. Additiona!!y, notice of the Scoping meeting would be published in the local newspaper, posted in three (3) locations throughout the City, and mailed to all property owner and tenants within 300-feet of the proposed Downtown Dublin Specific Plan boundary as well as all participants and interested parties associated with the preparation of the Downtown Dublin Specific Plan. Deliverable #1A: Completion of Project Description, Initial Study, Notice of Preparation and Scoping Muting RECIP1E~i`F,,.with professional ;consulting assistance, would update the existing City of Dublin Travel Forecasting ;Model, which is Based on the Contra Costa Transportation Authority (CCTA) 2030 model. The model wi41 be used to assess the traffic impacts of land use alternatives on the transportation network and is necessary in order to complete the transportation analysis section of the Environmental Impact Report. Thy modei. requires update of the roadway network and land use data by Traffic Analysis Zone (TAZ) within the downtown Dublin subarea. Amini-calibration of existing conditions will be performed using roadway and intersection count data provided by the City. Consultant will develop cumulative forecasts for No Project conditions and check for reasonableness, as well as forecasts for the Proposed Project and two Project Alternatives. The preparation of model development documentation will be included. Deliverable #18: Completion of Travel Demand Modeling ~ l~ MTC/City of Dublin Station Area Plan-Funding Agreement Page 4 TASK 2: PREPARATION FOR ENVIRONMENTAL IMPACT REPORT RECIPIENT, with professional consulting assistance, would prepare an Environmental Impact Report (EIR) in compliance with the provisions of the California Environmental Quality Act (CEQq) and would prepare responses to comments received during the public review period, any associated Mitigation Reporting Plan, and Findings of Fact and Statements of Overriding Considerations as applicable. The preparation of the EIR would combine previous planning efforts undertaken by the City' of Dublin including the Downtown Core Specific Plan, the West Dublin BART Specific Plan, the Downtown Specific Plan, the Village Parkway Specific Plan and the San Ramon Road Specific Plan. The intent is to review these previous planning efforts and update the land uses included in each of these regulatory documents. The consolidated Downtown Dublin Specific Plan would also include updated design standards and implementation strategies. The EIR would addresses, at a minimum, the following areas: Geolo~v/Soils -The EIR would include potential impacts of soil erosion on nearby creeks and drainage facilities during project construction and impacts related. to seisml+c ground shaking and potentially ground rupture. Based on the recently completed Shannon; Center Initial_Study, there is an Aiquist-Priolo Earthquake Safety Zone generally paralleling San Ramon Raac!_(the western edge of the specific Plan area). Additional geotechnical studies in or adjacent to the projeetarea may also be necessary. Bioloeical Resources -The EIR would analyze the project's short-€e~-m and long-term impacts on biological resources. Land Use Consistency and Compatibility -The EIR would include a discussion of consistency with existing on-site land uses, surrounding land uses and consistency with `General Plan policies relating to the proposed Specific Plan.:Repeal, of the existing five (5) downtown Specific Plans would also be discussed along with potential jmpacts due to disruption of an existing community. Toxics - An analysis of hazards and hazardous materials would be based on previous documentation provided by the City and :any propertyc owners including but not limited to Phase I and Phase II Environmer~tai bite Assessments. The Alameda County Fire Department would also be contacted to see if any open contamination cases exist in the project area. Of special concern for potential soil and/or groundwater contamination are the presence of existing and historic auto dealerships, auto service stations and dry cleaners in the Specific Plan area. Public 5erui~s -The EIR would include a discussion of potential impacts of increasing density on police, fire, schoofs and solid waste` services that serve the City of Dublin. This would be done through contacting each of the respect'-ve service providers and identifying specific mitigation measures. Cultural/Historic Resour,es -The EIR would include a discussion of impacts to historical, archeological and Native American resources on or near the project area. Since the proposed project will entail a General Plan Amendment, an SB 18 Native American Tribal consultation will also be completed. Population/Housine -The EIR would include potential impacts related to displacement of existing uses to allow for greater development intensity within the Specific Plan area. Recreation -The EIR would include possible impacts to existing and planned City parks in the general vicinity of the downtown project. D ~f i ~:1 MTC/City of Dublin Station Area Plan-Funding Agreement Page 5 Deliverable #2A: Analysis of Geology/Soils, Biological Resources, Land Use Consistency and Compatibility, Toxics, Public Services, Cultural/Historic Resources, Population/Housing and Recreation Transportation and Circulation -The EIR would include an assessment of the impacts of the Proposed Project, No Project, and up to two Project Alternatives for existing and cumulative conditions. The assessment of impacts will cover transit systems (bus and commuter rail), bikeways, pedestrians, the vehicle network and parking. In development of trip generation estimates, proximity to non-motorized transportation facilities, such as the BART Station, and characteristics of t<Mese facilities will be considered. Particular attention will be given to mitigating impacts thro~gb measures and strategies that help discourage vehicle use and maximize alternative modes of travel. Air ualit -The EIR would summarize existing state and federal air .quality standards, including climate change and green house gases, the attainment area of the Bay Area in,terms of IrPA standards, and the presence of toxic "hot spots" within the project area. Impacts are expected to" i~xclude short-term construction impacts of the project, impacts related to demolition of existing buildings <aod project and cumulative increases in air quality contaminants. ApprapfiTate mitigation measures would be i~acluded. Noise/Vibration -The EIR would include a discussion of short term construction impacts on`existing land uses within and surrounding the plan area and the potential for increases in noise due to increases in development that could be allowed by the; Specific Plan as we11'as additional project-related traffic associated with the Specific Plan. Other. pitential noise impacts could include construction noise impacts on other properties within and adjacent to the Specific Plan area- as well as noise from stationary noise sources. Hvdrolo~v/Drainaee/Water Qualitv/Sanitary Sewer System -The EfR Mould include potential impacts of surface water quality, stdrm drainage and flooding due to implerrlentation of a new Specific Plan. This section would be based on discussions with the City of Dublin Public Works Department and Zone 7 staff regarding local and regional drainage facilities. Major drainage systems proposed in the Specific Plan would be assessed in the EIR. The EIR would also includea~discussion of possible impacts to Dublin San Ramon Services District (DSRSD} tkse`special district that provides water and wastewater services to the City of Dublin and adjacent areas.,Zone 7 would alsobe contacted to identify any impacts to this special district. AeStkietics -The EIR would i+~clude a discussion of existing conditions within the downtown area and the ,commun~#y as a whole based an photos of existing typical conditions. The aesthetic qualities of surrounding sites, potential blockage of views caused by implementation of the proposed Specific Plan and anticipated improvements to the aesthetic qualities of the downtown area would also be discussed. Potential light and glare impacts would also be addressed as applicable. Deliverable #28: ` analysis Transportation and Circulation, Air Quality, Noise/Vibration, Hydrology/Drainage/Water Quality/Sanitary Sewer System and Aesthetics Discussion of Growth Inducine and Cumulative Impacts -The EIR would address cumulative impacts of the project including a discussion of cumulative impacts when the project's incremental effect is considered cumulatively considerable. Discussion of Alternatives -The EIR would analyze up to three (3) alternatives which would be identified in conjunction with City staff. This could include the No Project alternative, alesser-intensive alternative and possibly an alternative with a differing mix of land uses. ~~ MTC/City of Dublin Station Area Plan-Funding Agreement Page 6 Mitigation Monitoring Plan - A Mitigation Monitoring Plan would be developed for planned buildout of the Specific Plan. Task 3: ADOPTION OF THE ENVIRONMENTAL IMPACT REPORT Draft Environmental Impact Report -The administrative draft of the EIR would be prepared and reviewed by City Staff. Following Staff review, the draft EIR would be rele~s~d #or public review and comment. Deliverable #3A: Draft Environmental Impact Report RECIPIENT, with professional consulting assistance, would provide notate of public hfiearings scheduled to review and certify the Environmental Impact Report (EIR),+n compliance with the farovisions of the California Environmental Quality Act (CEQA). 3.1 Planning Commission hearing on the Draft Environmental Impact Report RECIPIENT and consultant team would present the draft Environmental Impact Report at a public hearing before the Planning Commission. 3.2 City Council hearing on the Final Environrrientai Impact Report RECIPIENT and consultant team would present the Final EnvirQramental Impact Report at a hearing before the City Council for certification. 3.3 Prepare final version of Certified Environmental Impact Report RECIPIENT and consultant team wa~ld make any final revisions or modifications to the Environmental Impact Report and prepare a camera~eady~o#~y end coordinate printing of the documents. Deliverable #~8: Final'.Envirvnrnental Impact Report as adopted and certified by the City Council MTC/City of Dublin Station Area Plan-Funding Agreement Page 2 ATTACHMENT B PROJECT BUDGET AND SCHEDULE The following table provides the project budget by deliverable, including the local match to be provided by the RECIPIENT: Task Deliverables MTC RECIPIENT Total Cost Com letion Date Contribution Match 1 a Completion of Project Description, Initial Study, Notice of $2,000 - $12,000 Preparation and Scoping_Meeting_ _ $10,000 July 1, 2009 lb Completion of Travel Demand Modeling 50,000 10,000 60,000 January 1, 2010 2a Analysis of Geology/Soils, Biological Resources, Land Use 'rte 30,000 6,000 36,000 Consistency and Compatibility, Toxics, Public Services, CulturaUHistoric Resources, Population/Housing and Recreation July 1, 2010 2b Analysis of Transportation and Circulation, Air Quality, 100,000 20,000 120,000 Noise/Vibration, Hydrology/Drainage/Water 11 Q_ualit~/Sanitary Sewer System and_Aesthetics January 3 ~ Draft and Final Environmental Impact Report as adopted 10,000 ~ 2,000 12,000 and certified b the Ci Council ~ August 1, 2011 ~_ ~_ __ -- - Y - - ~'___ ___- _ ___ __._ --- ------~~--------~ _ __ _ __ __ _ ..... _............ ~ i ___... ..._...__. _- _. __.-___.._-__ _.__ .~. _. _...___- t __. . __.. _.. ..7...... _..... i ~ ~ E . .. '_._... ._ __ _____.___.__._~.- _.._____.__.___......- ._.._..._.-_.. .. _.__. _._.-_. .-. - w_ ...._ ..... _ ... ... ..... .... ... ... ...... .. ...... .. ....... ... ..... .. .... ... TOTAL $200,000.00 $40,000.00 $240,000.00 -~. C \. /~~~~~. MTC/City of Dublin Station Area Plan-Funding Agreement Page 2 ATTACHMENT C TERMS AND CONDITIONS 1. FUNDING Funding from DOT shall be contingent upon approval by the Federal Highway Administration (FHWA) of MTC's Overall Work Program ("OWP"). Sl~duld DOT amend the OWP after the effective date of this Agreement to reduce the amount of available STP funds, MTC will reduce RECIPIENT'S share of STP funds proportionately,atid shall, after consultation with the RECIPIENT, amend the Scope of Work as necessary to &eflect the reduced level of funding. 2. AMENDMENTS Any changes in the activities to be performed under this Agreement shall he incorporated in written amendments, which shall specify the c)~anges in workYperformed and an} adjustrrients in compensation and schedule. All amendments shall tie'executed bti 8the MTC Executi~ z Director or a designated representative and RECIPIENT. No claim fo`r additional compensation or extension of time shall be recognized unless contained in" a duly executed amendment. 3. TERMINATION MTC may terminate this Agreement without Cause upon ten (10). days prior written notice. If MTC terminates this Agreement without eatifse, RECIPIENT°will be entitled to payment for costs incurred for incomplete deliverables, up to the maximum amount payable for each deliverable. If RECIPIENT fails to perform as specified ~n tliis Agreement, MTC may terminate this Agreement fir cause by written notice and RECIPIENT will be entitled only to costs incurred for work product acceptable to MTC, not to exceed the maximum amount payable under this Agreement-fox such work product. 4. RETENflO'~ OFRECORE3S RECIP~IJNT agree, to keep aI I records pertaining to the project being funded for audit purposes for a minitym of th ree (3) ~ cars following final payment to RECIPIENT or four (4) years following the fiscal year oC the last expenditure under this Agreement, whichever is longer, in accordance with generally accepted accounting principles. Copies of RECIPIENT audits, if any, performed during the course of Project development and at Project completion shall be forwarded to MTC no later than one hundred eighty (180) days after fiscal year end close. 5. AUDITS RECIPIENT agrees to grant MTC, or any agency that provides MTC with funds for the Project, including but not limited to, the U.S. Department of Transportation, FHWA, the Comptroller General of the United States, the State, and their authorized representatives access to RECIPIENT'S books and records for the purpose of verifying that funds are properly accounted for and proceeds are expended in accordance with the terms of this Agreement. All documents shall be available for inspection during normal business hours at any time while the Project is underway and for the retention period specified in Article 4. RECIPIENT further agrees to include in all its third-party contracts hereunder a provision to the effect that the contractor agrees that MTC, the U.S. Department of Transportation, FHWA, the Comptroller General of the United States, the State, or any of their duly authorized ~~ ~,s 4 MTC/City of Dublin Station Area Plan-Funding Agreement Page 3 representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, during normal business hours, for the term specified above. The term "contract" as used in this clause excludes agreements not exceeding $25,000. 6. LICENSE TO WORK PRODUCTS RECIPIENT hereby grants to MTC an irrevocable, non-exclusive, royalty-free license to use without restriction and share with any person or entity all drawings,_deslgns, specifications, manuals, reports, studies, surveys, models, software, source code and sa~irce code documentation, documentation or system architecture, and any other documents, materials, data, and products ("Work Products") developed, prepared, or assembled h~' RECIPIENT or RECIPIENT'S consultant(s) or its subconsultants pursuant to this A<<~~eement. MTC may exercise their licenses to Work Products through sublicenses o a third part~~, without the approval of RECIPIENT or RECIPIENT'S consultants} or subconsultants. FII~~A reserves a royalty-free, non-exclusive and irrevocable license t~ reproduce, publish or othec-wi~ use, and to authorize others to use, for federal government puses~ (a) the`erpyright in any work developed under this Agreement; and (b) any rights of copyright to which RECIPIENT or RECIPIENT's consultant(s) or subconsultants purchase ownership under this Agreement. 7. EQUAL EMPLOYMENT OPPURTIJNITY In accordance with Title VI of the civil Rights Act, as amezxi,ed (42 U.S.C. § 2000d); Section 303 of the Age Discrimination Act of 1.73, as amended (42 CI.S:C. § 6102); Section 202 of the Americans with Disabilities Act of lg'90 (4~ U.S.C:. § 12132); and 49 U.S.C. § 5332 for FTA-funded projects, RECIPIENT agrees that it will`~ot. on zhe grounds of race, religious creed, color, national origin, age, ph~~sical disability or,s~x discriminate`or permit discrimination against any employee ai• appIicant for employment. 8. DISADVANTAGEn BUSINESS ENTERPRISES (DBE) It is the policy of ~(V1TC and the U.S. Department of Transportation to ensure nondiscrimination in the award end ad3nirtistratian ofDOT-assisted contracts and to create a level pla~lt~c f~~}d ou ~~ h i c h disadvantaged business enterprises, as defined in 49 Code of Federal Regulations Part ~6. can compete fairly for contracts and subcontracts relating to MTC's procurement and professional serviced activities. RECIPIENT shah not discriminate on the basis of race, color, national origin or sex in the performance of this Agreement. RECIPIENT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration ofDOT-assisted contracts. Failure by RECIPIENT to carry out these requiremerrts is a material breach of contract, which may result in the termination ofthi~ agreement or such other remedy as MTC deems appropriate. 9. TITLE VI (~F THE CIVIL RIGHTS ACT OF 1964 RECIPIENT agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (47 U.S.C. § 2000(d)) and the regulations of the Department of Transportation issued thereunder (49 CFR Part 21). 10. ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES RECIPIENT agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (A.DA), 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act MTC/City of Dublin Station Area Plan-Funding Agreement Page 4 of 1973, as amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. § 5310(f); and their implementing regulations. 11. STATE ENERGY CONSERVATION PLAN RECIPIENT shall comply with all mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6321). 12. DEBARMENT RECIPIENT certifies that neither it, nor any of its participants, principals or subcontractors is or has been debarred, suspended, proposed for d~barrnent. declared ineligible, or voluntarily excluded from covered transactions, as they are defined i n 49 CFR Part 29, by any Federal agency or department. 13. CLEAN AIR AND WATER POLLUTION ACTS RECIPIENT agrees to comply with the applicable requirements of all standards;: orders, or requirements issued under the Clean Air Act (42 U:S~C. § 7501_e,t,ceq.), the Clean `vb'ater Act (33 U.S.C. § 1251 et seq.), Executive Order 11738, and Erivironmental Protection Agency regulations (40 CFR Part 15). 14. LOBBYING RECIPIENT agrees to comply with the restx~~tions on the use of federal funds for lobbying activities set forth in 31 United Stites Code~~;1~52 and 49 C.F.R. Part 20. 15 . INDEMNIFICATI OIvT RECIPIENT s~al'i°rnt{~zify and hold harmless MTC, Caltrans, their Commissioners, Directors, officers, a~~nts and employees from any and all claims, demands, suits, loss, damages, injury and/or liability (including any and all costs and expenses in connection therewith), incurred by reason ~ ~ f any negli~~t ar otherwise wror-gful act or omission of RECIPIENT, its officers, directors. emplo~~~.~s, agents ~nd.~contraclors, or any of them, under or in connection with this Agr~~ment, and REC~PI ENT agreefi at its own cost, expense and risk to defend any and all claims, actions, suits, or other e~al proceedings brought or instituted against MTC, Caltrans, their~ommissioners;~~3ire~ctor~. of~eers, agents, and employees, or any of them, arising out of ~s~~ch act or omission, arid. to.pa~ and sati:5iy any resulting judgments. 16. MEETINGS RECL~?Il/NT agrees ~ invite the MTC Project Manager to participate in all meetings held in connection with this project, including public meetings and project team meetings. 17. COMPLIANeI? WITH LAWS RECIPIENT shall comply with any and all laws, statutes, ordinances, rules, regulations or requirements of the federal, state, or local government, and any agency thereof, including, but not limited to MTC, the U.S. DOT, FHWA, and Caltrans, which relate to or in any manner affect the performance of this Agreement. Those laws, statutes, ordinances, rules, regulations, and procedural requirements that are imposed on MTC as a recipient of federal or state funds are hereby in turn imposed on RECIPIENT (including, but not limited to, 49 CFR Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"), and are herein incorporated by this reference and made a part hereof. 1 ~ ~~ ~ `i MTC/City of Dublin Station Area Plan-Funding Agreement Page 5 18. IDENTIFICATION OF DOCUMENTS RECIPIENT will ensure that all documents related to the project including meeting notices and reports state that the project is funded through the Metropolitan Transportation Commission's Station Area Planning Program. In addition, RECIPIENT will ensure that all reports and other documents completed as part of this Agreement shall carry the following notation on the front cover or title page: "The preparation of this report has been financed in part by grants from the U.S. Department of Transportation. The contents of this report do not necessarily reflect the official views or policy of the U.S. Department of Transportation." 19. SUBCONTRACTS RECIPIENT must include provisions of this Agreexn~nt, a~ applicalil~,,z~iodified only to show the particular contractual relationship, in any third-party contracts funded'by this Agreement. ~~' d~ ~ ~ CONTRACT APPROVAL SHEET J:\CONTRACT\Contracts-New\CON 08-09\Funding Agmts\Station Area Plans\Template Station Area Plans 08-09.doc REVIEW LIST Project Manager: Date: Doug Johnson Section Director: Date: Doug Kimsey Contract Date: Administration: Denise Rodrigues IT Review: Date: Teri Green`/Valerie Campbell Office of the General Date: Counsel: Melanie J. MorganlCynthia Segal Deputy Date: Executive Director: Therese McMillan /Andrew Fremier Deputy Date: Executive Director: Ann Flemer Finance Section: Date: Brian Mayhew Return to Contract Administration ' Includes DBE review for all federally-funded contracts. z IT review for information technology projects affecting MTC's network and computers. s IT review for information technology projects affecting BATA's network and computers. a Reviews contracts from Planning, Programming & Allocations, and Legislation & Public Affairs. s Reviews contracts from Bridge Oversight & Operations and other BATA-funded contracts. e Reviews all contracts from all sections.