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Resolution 09040CITY OF ALAMEDA RESOLUTION NO. 9040 AMENDING THE ADMINISTRATIVE PROCEDURES FOR PROCESSING DEVELOPMENT PROJECTS; ENVIRONMENTAL IMPACT REPORTS (EIR); AND SELECTING CONSULTANTS TO PREPARE EIRs FOR THE CITY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that the Administrative Procedures for Processing Development Projects; Environmental Impact Reports (EIR); and Selecting Consultants to Prepare EIRs for the City, adopted by City of Alameda Resolution No 8843 on December 20, 1977 and amended by Resolution No. 8894 on April 18, 1978, is hereby amended by amending Paragraph IX thereof to read as follows: IX TIME FOR ACTION ON DEVELOPMENT PROJECTS A. Where the City is the lead agency for a development project, the project, shall be approved or disapproved with n one (1) year of acceptance of the project application as complete. B. Where the City is a responsible agency for a develop- ment project, the project shall be approved or d sapproved within one hundred and eighty (180) days of either of the following events, whichever is longer: (1) Approval or disapproval by the agency; or (2) Acceptance of the project application as complete. C. In the event that a development project requires the approval of more than one application, the time for acting on all applications, in the aggregate, shall not exceed the time limits specified in Subparagraphs IX A and B above -. In the event' that more than one application is required for approval of the project, all applications shall be filed within six (6) months of the acceptance of the first application required to approve the project as complete, except building permits,; which shall be filed within nine (9) months of the acceptance of said first application as complete where no subdivision maps are required or within six (6) months of the filing of the final map for the project. Failure to file an application within the time required herein -shall extend the time for approval of said application to one year from the date a complete application is filed. D. The time limits established by Subparagraphs IX A and B above may be extended for a period not to exceed ninety (90) days upon consent of City and applicant. E. The provisions of this Paragraph IX do not apply to: (1) Administrative appeals. (2) Final subdivision maps, provided, however, that approval or disapproval of a final map, shall occur within one (1) year of the filing of the final map for approval. (3) Applications to amend the general plan or zoning ordinance, other than rezoning. F. (1) Applications cannot be amended without permission of the approving authority. (2) If applicant requests amendments to an application the approving authority may require, as a condition of permission to substantially amend an application, that the applicant with- draw the original application and reapply, without a new filing fee, or to agree to a new filing date sufficiently subsequent to the original filing date to permit the additional staff and authority time required to review nonsubstantial changes. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted by the Council of the City of Alameda in regular meeting assembled on the 16th day of January, I979, by the following vote, to wit: AYES: NOES: ABSENT: Councilmen Beck0m, Diament, Sherratt, TillNan, and President Corica, (5). None. None. IN WITNESS WHEREOF, 1 have hereunto set my and and affixed t�e official seal of said City this 17th day of January, 1979. �� '�� Ci erk of the City f Alameda ADMINISTRATIVE PROCEDURES FOR PROCESSING DEVELOPMENT PROJECTS; ENVIRONMENTAL IMPACT REPORTS (EIR); AND SELECTING CONSULTANTS TO PREPARE EIRs FOR TEE CITY INTRODUCTION The Government Code* establishes certain procedural requirements for processing development projects which shall determine the inter- pretation of these provisions. The California Environmental Quality Act (CEQA) provides alterna- tive means of preparing Environmental Impact Reports. The reports may be prepared by staff or consultants at City's or applicant's expense. CEQA and CEQA Guidelines' requirements shall be followed and govern these procedures. DESCRIPTION OF TEE ULTIMATE PROJECT A. All applications for zoning approvals and other development permits must contain a description of the project from which it may be determined whether the project may have a significant effect on the environment. The application itself may indicate sufficient data from which impacts may be assessed or a separately entitled document may be Hied with the application. Substantial projects may require statistical data (e.g. demographics) in addition to the usual information required of the applicant. B. Adequacy of Descriptions (1) Th3 original filing is adequate if the Environmental Coordinator can determine therefrom whether or not the project will have any effect on the environment. (2) Applications which may have some effect on the environment will be reviewed by the Environmental Assessment Committee (EAC). Project descriptions must satisfy EAC requirement for the preparation of an Initial Study unless the project is exempted or nondiscretionay under CEQA. (See the Secretary of the EAC) (3) Staff shall notify applicants in writing within thirty (30) Calend:Ar days of the filing of an application of the date on which the application was accepted as complete and where the application is not complete shall indicate by similar notice which parts of the application are incomplete and the manner in which they an be made Complete. *Sections 65920 - 65957 Adopted by Resolution No. 8843 on December 20, 1977. Amended by Resolution No. 8894 on April 18, 1978. Amended by Resolution No. 9040 on January 16, 1979. -1_ INITIAL STUDY A. Where required by the EAC an Initial Study will be prepared. The study will include the description of the ultimate project, describe the particular setting and special problems of the area of the project and analyze the possible environmental impacts of the project. The Planning Board (Board) will determine from the Initial Study, within forty-five (45) days from the date on which the application for the project was accepted as complete, whether an EIR or Negative Declaration is appropriate. B. Initial studies may be prepared by a consultant on the same basis as that set forth in Paragraph IV, A. for EIRs. Con- sultants preparing Initial Studies may not make a proposal to do the applicable EIR. Staff shall choose the consultant from a list of not less than three (3) consultants acceptable to both staff and applicant. Applicant shall pay the cost of such an Initial Study. IV CONSULTANT SELECTION A. If the Board has determined that an EIR is required of the project the Planning and Engineering staff will hold a con- ference with the applicant to indicate whether or not the staff is available and able to analyze the technical complexities of environmental issues raised by the project. Staff shall make the final decision whether to do an EIR or to engage a consultant to do it. B. Staff shall maintain a list of qualified and interested consultants who prepare EIRs. (1) Applicants will be required to identify consultants on said list with whom they have had previous experience and the nature of that experience. (2) Applicants may indicate any objections they may have to consultants on said list. C. Requests for Proposals (1) Staff shall send a copy of the Initial Study to- gether with these instructions and staff's evaluation criteria to at least five (5) consultants, if available, on said list who are both interested in writing an EIR for the project and qualified to analyze the project. Staff may develop an initial screening process for selecting those to whom the proposal is sent. (2) The request for proposal shall include a list of the relevant documents which may be obtained from staff and shall identify the EIRs on file with the City which pertain to the area of the project. (3) The proposal shall also indicate a day and time in which all consultants may meet with staff and applicant for a pre-proposal conference. (a) The purpose of the conference is to insure that all those making proposals have the same under- standing of the scope of the project and staff expecta- tion in regard to the scope of the EIR and required discussion of alternatives to the entire project. (b) It is hoped that those in attendance may reach a tentative consensus identifying the number and scale of alternatives to the entire project which should be discussed in the EIR. Staff will make the final decision on alternatives and notify all consul- tants and applicant, in writing, of its decision. (c) At the close of said conference staff shall indicate the deadline for submitting proposals. (d) Where projects are small, staff may, instead of a pre-proposal hearing, include a list of alterna- tives to the project which should be discussed. D. Consultant - Applicant Communications (1) Discussion between applicant and consultants is permitted if the following procedure is observed: (a) Staff is present during any discussions which go beyond verification of material already received or inquiries concerning details. (b) Staff will be informed in writing of the content of any other discussions. (c) Applicant will not contact consultants without staff approval. Any additional information shall be provided to all consultants. (2) The same procedure shall be observed after a consulta:at is selected. E. Proposals (1) Proposals shall cover all matters required under CEQA and the Request for Proposal. (2) Consultants must submit a verified statement listing any prior, existing or contemplated professional relationships between consultant and the applicant of the project, or those in contractual relationships with applicant, such as landowners and architects. (3) Costs shall be segregated into a flat fee for the Draft EIR and a time and materials rate schedule, with a maximum amount, for the Final EIR. (4) Proposals shall also include the consultant's qualifications and a list of other EIRs written by consultant. (5) Proposals should indicate consultant's tentative conclusions in regard to priority of issues and the proposed methodology. (6) Final EIRs shall be done in the form of an addendum to the Draft EIR containing the comments to the EIR and responses thereto unless the Request for Proposals states otherwise. (7) Proposals shall indicate that the following list of alternatives will be included :in the EIR unless the staff, after consultation with the applicant after appeal (IV, C, (3), (c) ), indicates othErwise: (a) No project (b) The proposed project (c) Alternatives to the entire project which would mitigate the significant impacts of the project (8) Proposal shall also include: (a) The name of the project manager designated or assigned to this project. (b) The names of all pe:7sons, including their background and qualifications, who will actually by contributing to or working on this project. This includes all subcontractors. (c) An accurate estimate of the number of hours each of the above-named persons will contribute to the report and the areas on which they will be working. (d) The name(s) of the person(s) who will attend public hearings on the draft and the final EIR. (e) An estimate of the number of hours required for amending the draft EIR and/or providing additional information reasonably required as a result of the public hearing(s) on the draft EIR. This estimate shall take the form of a supplemental estimate after the first hearing on the draft EIR and include an accurate estimate of the date that a final EIR will be available. (f) A statement of the date on which work will commence on the draft EIR who the contact person will be throughout its preparation and an estimated date of completion of the draft EIR including time for staff review of the preliminary draft. (9) The City of Alameda retains the right to reject any EIR prepared by a consultant which fails to meet the require- ments as set forth in these Guidelines including all applicable appendices, the State Guidelines and the contract between City and consultant. F. Proposed. Clarification (1) Staff may request that consultants alter their proposals when it appears from the proposal that the consultant has misurderstood the scope of the project or the required EIR. (2) In the event that a consultant agrees to modify the proposal a change in the cost of the proposal may be made. Otherwise, the cost stated in the original proposal shall remain effective. (3) The purpose of these Administrative Procedures is to foster a uniform basis for making proposals. No contractual rights are created by this, or any other heading of these Administrative Procedures. G. Evaluation of Proposals (1) Staff shall develop evaluation criteria and apply it to all proposals. Initially, and thereafter annually, staff shall review the criteria with the Planning Board. (2) Staff shall review the proposals and their evaluation with the applicant. (3) If staff and applicant agree on a consultant a con- tract with that consultant shall be prepared for the City Council. (4) If staff and applicant do not agree on a consultant, all proposals, the request for proposals and a staff report shall be presented to the City Council for its review and decision. (5) Applicant shall be provided a copy of the staff report and may present its views either orally or in writing in regard to the quality, cost, appropriate scope of the EIRs and the proposed time for completion. (6) All proposals may be rejected. V CONTRACTS A. Consultants selected to prepare EIRs shall provide the City with a sample contract containing at least the following pro- visions: (1) Identification of the project. (2) Segregated fees for draft and final EIRs (see paragraph IV, E, (3) ). (3) A statement that consultant has no relationship with applicant which could be considered a conflict of interest under the Political Reform Act of 1974. (4) That the EIRs will be prepared in accordance with CEQA and the Guidelines therefor. (5) A paragraph indemnifying. the City against negligent acts of consultant and a paragraph stating that consultant is an independent contractor. (6) The contract shall provide that applicant agrees to pay the costs of the EIR and shall be signed by applicant. (7) The time for completion of the Draft EIR, VI PROJECT PRE-EVALUATION A. Consultant shall prepare a preliminary draft of the Draft EIR. (1) The draft will be a rouqh'draft. (2) Any readable reproduction process and understandable form may be accepted by staff. B. Staff, consultant and applicant will review the first draft to determine whether any changes in the proposed project could be made which would mitigate the significant impacts of the project. (1) Applicant should indicate what changes will be made and the Draft EIR shall be written to the new des- cription of the project. (2) Applicant may decline to make changes and the Draft EIR will be written according to the original description of the project. (3) Any additional costs, if any, to consultant arising out of changes in the project shall be paid as part of the time and materials rate schedule for the Final EIR, but shall be in addition to the maximum amount therefor. VII COSTS A. Applicant shall pay the cost of EIRs unless the City Council requires staff to prepare them at no cost. B. Staff may prepare EIRs at applicant's cost for staff time and material. VIII TIME FOR COMPLETION OF EIR A. EIRs shall be completed and certified within one year of the acceptance of the project application as complete. B. Negative declarations shall be completed within 105 days of acceptance of the project application as complete. C. The above mentioned time periods may be extended for reasonable periods of time in the event that compelling circumstances justify additional time and the applicant consents thereto. IX TIME FOR ACTION ON DEVELOPMENT PROJECTS A. Where the City is the lead agency for a development project, the project shall be approved or disapproved within one (1) year of acceptance of the project application as complete. B. Where the City is a responsible agency for a develop- ment project, the project shall be approved or disapproved within one hundred and eighty (180) days of either of the following events, whichever is longer: (1) Approval or disapproval by the agency; or (2) Acceptance of the project application as complete. C. In the event that a development project requires the approval of more than one application, the time for acting on all applications, in the aggregate, shall not exceed the time limits specified in Subparagraphs IX A and B above. In the event that more than one application is required for approval of the project, all applications shall be filed within six (6) months of the acceptance of the first application required to approve the project as , "complete, except - building permits, which shall he filed within nine (9) months of the acceptance of said first application as complete where no subdivision maps are required or within six (6) months of the filing of the final map for the project. Failure to file an application within the time required herein shall extend the time for approval of said application to one year from the date a complete application is filed. D. The time limits established by Subparagraphs IX A and B above may be extended for a period not to exceed ninety (90) days upon consent of City and applicant: E. The provisions of this Paragraph IX do not apply to: (1) Administrative appeals. (2) Final subdivision maps, provided, however, that approval or disapproval of a final map shall occur within one (1) year of the filing of the final map for approval. (3) Applications to amend the general plan or zoning ordinance, other than rezoning. F. (1) Applications cannot be amended without permission of the approving authority. amended) -8 (2) If applicant requests amendments to an application the approving authority may require, as a condition of permission to substantially amend an application, that the applicant with- draw the original application and reapply, without a new filing fee, or to agree to a new filing date sufficiently subsequent to the original filing date to permit the additional staff and authority time required to review nonsubstantial changes. X PROJECT NOT SUBJECT TO CEQA REVIEW A. The provisions of Subparagraph II, B, (3), shall also apply to development projects either exempt from CEQA or not deemed capable of producing significant environmental impacts. B. The provisions of Paragraph IX shall apply to all applica- tions for permits, maps or other approvals for the use or alteration of land, water or structures. CITY OF ALAMEDA RESOLUTION NO.. _9325_ AMENDING THE ADMINISTRATIVE PROCEDURES FOR PROCESSING DEVELOPMENT PROjECTSm ENVIRONMENTAL IMPACT REPORTS (FIR)7 AND SELECTING CONEUTTAITTS TO PREPARE DIRs FOR THE CITY BE TT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that toe Administrative Procedures for Processing Development Projects; Environ.mantal Impact Reports (EIR); and Selecting Consultants to Prepare EiRs for the City, adopted by City of Alameda Resolution No. 8843 on December 20, 1977 and amended by Resolution Nos. 8894 and 9040, is hereby amended by adding Paragraph XI thereto to read as follows: XI CITY PROJECT These Administrative Procedures do not apply to City projects but may be used therefor at the City Council's dis- cretion. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted by the Council of the City of Alameda in a regular meeting assembled on the 1st day of July, 1980, by the following vote, to wit: AYES: Councilmen Diament, Sherratt, Stone, Tillman and President Corica - 5. NOES: None' ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the officail seal of said City this 2nd day of July, 1980.