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1981-068-Authorizing Execution Of A Contract For Consultant Services With Larry Seeman AssociatesRESOLUTION NO. 1981 -68 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING EXECUTION OF A CONTRACT FOR CONSULTANT ,SERVICES WITH LARRY SEEMAN ASSOCIATES RESOLVED, that -the Mayor of the Town of Los Gatos is hereby authorized to execute the attached agreement. with Larry Seeman Associates. PASSED AND ADOPTED by the Town Council o` the Town of Los Gatos at a continued regular meeting held on this 23rd day o£ March, 1981, by the following vote: AYES: COUNCIL MEMBERS Ruth Cannon, Marlyn J. Rasmussen, Peter W. Siemens, Brent N. Ventura, Thomas J. F'errito NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MENIB'ERS None SIGNED: ATTEST: C ew DEPUTY CLERK OF THE TOWN OF LOS GAiOS A G R E E M E N T THIS AGREEMENT is made and entered into on March 23rd , 1981 by the Town of LOS GATOS (Town), and LARRY SEEMAN ASSOCIATES (Consultant). 1. The TOWN desires to contract for the performance of Environmental Services to include the preparation of a Focused Draft and Final Environmental Impact Report for the following project: 17975 Foster Road - Sisters of Charity of the Blessed Virgin Mary a. Environmental Impact Report EIR -81 -1 b. Conditional Use Permit application U -80 -36 Establishing a private college at an existing facility, constructing a parking lot and constructing a new access road. 2. The CONSULTANT is willing to perform such professional services upon the terms and conditions herein set forth: THE PARTIES DO HEREBY AGREE AS FOLLOWS: SERVICES 1. CONSULTANT shall perform those professional services described in the "Scope of Services" attached as "EXHIBIT A." CONSULTANT'S work products and schedule of delivery shall be in accordance with the "Work Products and Schedule" attached as "EXHIBIT B." Scheduling will depend on factors beyond Consultant's control including (but not limited to) prompt submittal of required data by the Town, adverse weather conditions, delay caused by alteration in the scope of the project, etc. Consultant will diligently perform the required services according to the schedule outlined above but will not be responsible for delays beyond his control. COMPENSATION 2. Compensation for CONSULTANT'S professional services shall be at a firm fixed price of $ 11,154.00, payment to be made in accordance with Work Products and Schedule stated in Exhibit B. STANDARDS 3. CONSULTANT'S work shall be performed in compliance with the requirements of the Environmental Quality Act of 1970, as amended (Public Resources Code Section 21,000 to 21,176, inclusive), and the Guidelines for Implementation of the California Environmental Quality Act of 1970 originally certified and adopted by the Secretary of the California Resources Agency as Administrative Regulations on February 3, 1973, and as thereafter amended, if applicable. NOTICES 4. Any notice required to be given to CONSULTANT shall be deemed to be duly and properly given if mailed to CONSULTANT postage prepaid, and addressed to: Larry Seeman Associates 2927 Newbury Street, Suite C Berkeley, California 94703 or personally delivered to CONSULTANT as such address or such other address as CONSULTANT designates in writing to TOWN. Any notice required to be given to TOWN shall be deemed to be duly and properly given if mailed to TOWN, postage prepaid, and addressed to: TOWN OF LOS GATOS Planning Department P.O. Box 949 Los Gatos, California 95031 or personally delivered to client at such address of such other as TOWN may designate in writing to CONSULTANT. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed in the Town of Los Gatos, State of Califonria. APPROVED AS TO FORM: TOWN ATTORNEY DE T( By DATE March 20, 1981 CONSULTANT Richard R. Harris Vice President -2- ATTACHMENT A SCOPE OF SERVICES Our services will include the preparation of the Administrative Draft of the EIR, preparation of the Draft EIR, preparation of the Final EIR and attendance at meetings and hearings. For the sake of simplicity, these ser- vices are listed below as four separate tasks. Task 1. Preparation of the Draft EIR. When the Town of Los Gatos has authorized us to proceed and we have received all the materials specified below as the project sponsor's responsibility, we will begin to prepare the administrative draft of the EIR. We will immediately have our subcontractors begin their work and LSA staff will conduct the site inventory and collect the information necessary to assess the visual, hydrologic, and biotic im- pacts of the project and to characterize the problems associated with provi- sion of water service and fire and police protection. Detailed descriptions of the treatment to be provided in each case are as follows: Traffic, Access, and Parking. The impacts of project traffic would depend upon the access route used. The Town considers use of Foster Road to be unacceptable and would close it to traffic from the Bible College. The access route proposed by the project sponsor, in confor- mance with this view, would be via Alma Bridge Road. This access route would result in the direction of traffic into the Alma Bridge Road -State 17 intersection and create or worsen safety problems there unless the intersection is improved in some way. Our subcontracted traffic engineer, D.K. Goodrich, would evaluate the impact of project traffic on the level of service at the intersection and on State Route 17 and also conduct a field safety analysis. Based on a discussion of his findings with Caltrans officials, D.K. Goodrich would propose measures that could be taken to mitigate or lessen the im- pacts and safety hazards at the intersection. He would also determine what other non - project traffic, if any, could and would use access road. We will also analyze alternative access routes and, based on projected traffic volumes produced by Creegan and D'Angelo, determine how project traffic could affect traffic conditions and levels of service on the local roadway network to the north, including selected East Main Street intersections. As a first approximation, we consider Foster Road and Prospect Avenue - College Avenue to be likely candidates for alternative access. The alternatives to be considered will be selected following receipt of the site plan and other pertinent information from the Town and the project sponsor and a field visit by the traffic engineer. For the alternative access routes selected, D.K. Goodrich will use the TIRE index, an index he devised, to quantify the potential impacts of the infusion of traffic upon the residential environment for selected streets and roads between the project site and East Main Street. Both the Alma Bridge Road - proposed access road and alternative access routes will be evaluated as necessary in terms of their width and align- ment, road grades and sight distance, and capacity and safety. We will also evaluate the proposed parking facilities in terms of their design, should plans be available, and their capacity to met projected parking requirements. Geologic Impacts, Effects on Topography, and Seismic Hazards. The geo- logic impacts and effects on topography would be associated primarily with the proposed road and parking area. Seismic hazards would result from earthquakes and the damage they could cause to both the road and the parking area and to the existing facilities. The project area is one in which the potential for landslides is high. The proposed road may traverse portions of active, dormant, or old landslides. The alignment of the road proposed by the Bible College is the same as the alignment of the road for which Terratech produced a geologic and geotechnical study for a previous applicant. Their study included a geologic map which should indicate the location of the road with respect to landslide areas. Terratech evaluated the access road section by section and recommended finished road grades. Their report may also have recommended changes in alignment or particular design fea- tures to minimize hazards resulting from slope stability or the movement of landslide materials in response to earthquakes. Our engineering geo- logist will walk the proposed road, review Terratech's report and the grading plan, and assess the impacts related to road construction and stability. He will also assess the stability of the area in which the parking lot is proposed and assess the impacts of the facility on the topography. The report prepared by Terratech also includes formation regarding the foundation and subgrade conditions based on an inspection of the exist- ing college facilities. The buildings will be modified only minimally by the Bible College but, according to the statement intended to accom- pany the conditional use permit and attached to the RFP, no load - bearing walls would be altered. We will examine existing information regarding the facilities, review Terratech's report, and on this basis, make a statement regarding the seismic hazards that could result from the affects of earthquakes on the facilities. No inspection of facilities will be made. Visual Impacts. The Town's Request for Proposals states that important visual impacts would result from the construction of the road and park- ing areas and, eventually, from the construction of a new gymnasium. Since no plan for the future gymnasium will be available, we will con- fine our analysis of the visual impacts of the project solely to the road and the parking facility. The access road would require a significant amount of grading and both the road and the associated cut and fill slopes would be visible from State Route 17 and potentially from roads and other locations in Los Gatos. The parking area would also require some grading and potentially be visible from the highway and other locations in Los Gatos. We understand that the Town is particularly concerned with the visual impacts of ridgetop development, such as would be the case with this project. LSA's design staff will rely upon the proposed alignment and the grading plan provided by the project sponsor's engineer to determine how the.terrain along the proposed access route would be modified and how both the road and the graded terrain would appear from selected points in the surrounding area. The analysis will include photographic documenta- tion of the visibility in such a way as to accurately and reasonably assess impacts. The method used will be primarily photographic and the characteristics of the landscape over, which the proposed access route will be photographed and reproduced clearly in the EIR. We will also propose mitigation measures, including treatment of cut and fill slopes, that could be taken to minimize the visual impacts of both road and park- ing area construction. Hydrology Impacts. The proposed road would cross several swales or incipient drainages and would both concentrate and redirect surface water runoff. As a result, natural drainage patterns would be altered. The parking area would also shed, as surface runoff, water that previously underwent infiltration and moved downgradient as either interflow or groundwater. The construction of the parking area adjacent to existing facilities could possibly require that surface runoff from them also be rerouted. The construction of impervious surfaces and the concentration of runoff by roads and from the parking area would also change the timing of run- off. Although the new facilities would not likely have a significant effect on flood volumes, we will consider this possibility and estimate how the contribution to the existing downstream drainage system would change. Our primary effort, however, would be directed toward the assessment of the affects of runoff redirection and concentration on natural drainages. Other Impacts. The remainder of our work would be devoted to the assess- ment of the impacts of road and parking lot construction on biotic re- sources and an evaluation of the problems that would hinder the provision of water service and fire and police protection and the impacts that would result. Both the construction activities necessary to reshape the surrounding terrain and the road and the parking areas themselves would require that some amount of vegetation be altered or destroyed. According to the En- vironmental Center, these impacts could be significant. LSA will review grading plans and project the impacts based on a field survey. The re- sults will be provided within the framework provided by Terratech, sec- tion by section along the proposed access route. A description of the vegetation in the area in which the parking lot would be constructed will also be made with a statement regarding likely removal. On the basis of the field survey, we will determine whether or not the vegetation to be altered or destroyed now supports particularly important wildlife spe- cies or provides unique or uncommon breeding, nesting, or feeding habitat. In the course of our field survey, we will also attempt to identify any rare or endangered plant or animal species not identified in previous work. Police and fire protection depend upon response times, which would prob- ably be shorter if Foster Road was to provide project access. Since it would not be used, the longer Alma Bridge Road route would be used. We will contact police and fire department officials and obtain statements from them regarding the affect access would have on response time and the quality of protection they would be able to provide. San Jose Water Works would provide water service but a new line would have to be constructed to connect the Bible College with the existing network. Construction should pose no problems that would in any way affect service, but we will identify other service- related problems that could exist. If the proposed alignment of the water service line is known, we will also evaluate the impacts of line construction on vegeta- tion. In addition to the critical issues indicated above, we will address all other environmental matters required by the State and County CEQA guidelines. We will provide specific, feasible mitigation measures that may be taken to minimize the environmental effects of the project and state these in such a way that they can be adopted as conditions for the approval of the project. Attachment 1 shows a tentative outline for the EIR. The environmental inventory, impact an and mitigation measures will be synthesized into an Administrative Draft EIR. Eight copies of the ADEIR will be submitted to the Town for its review and comment. Task 2. Preparation of the Draft EIR. After the Town has received the Ad- ministrative Draft EIR, it will forward it to the Development and Review Com- mittee for its consideration. Once we receive the comments and the Town has identified how we must revise the Administrative Draft EIR, we will begin to prepare the Draft EIR. Forty -five (45) copies of the Draft EIR will be sub- mitted to the Town following our revisions. Task 3. Preparation of the Final EIR. Once we have received all comments, correspondence, and copies of the minutes of the hearings and meetings held on the Draft EIR, we will begin work on the Final EIR. We will respond fully to all substantive comments regarding the completeness and adequacy of the report. Our responses to the comments received will take the form of an addendum to the Draft EIR. The Final EIR will contain the Draft EIR, all comments, correspondence, and minutes, and our responses to those that are substantive. Since the Town has not indicated how many copies of the Final EIR it will require, we will submit eight, include the cost of these eight in the total fee submitted as part of this proposal, and stipulate that addi- tional copies will be provided as necessary at the cost of reproduction and labor. Transmittal of the Final EIR to the Town will conclude our services under the terms of this proposal. Task 4. Attendance and meetings and Hearings. We will attend three meetings and hearings. These include one conducted by the Development and Review Com- mittee and two conducted by the Town Planning Commission. ATTACHMENT B WORK PRODUCTS AND SCHEDULE The following work products will be prepared: Administrative Draft Focused Environmental Impact Report (ADEIR) for review by the Town of Los Gatos Draft Focused Environmental Impact Report (DF.IR) Final Focused Environmental Impact Report (FEIR) The following schedule for work will apply: ITEM Delivery of all background data from the Town relative to the proposed site plan. (Payment due for 10 percent of the contract value.) Delivery of the ADEIR IN ten copies to the Town. Payment due for 40 percent of the contract value. Receipt of all written comments in one copy from the Town. Delivery of the DEIR in 45 copies to the Town. Payment due for 20 percent of contract value. Receipt of all written comments, letters, and public hearing minutes in one copy and preparation of an addendum to the DEIR as part of the FEIR." Delivery of the FEIR in addendum form in 8 copies to the Town. Payment due for 30 percent of the contract value. Attendance at a maximum of three public hearings (attendance at other hearings will be compensated at a standard hourly rate as specified in the project proposal). DATE: (Calendar days after receipt of authorization to proceed). 1 40 55 65 10 days after the last Planning Commission hearing 15 days after receipt of all written comments. As required. The number of calendar days after receipt of authorization to proceed may be modified by mutual consent of both the Consultant and the Town.