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1983-026-Authorizing Agreement To Prepare A Master Environmental Impact ReportRESOLUTION NO. 1983 -26 RESOLUTION AUTHORIZING AGREEMENT TO PREPARE A MASTER ENVIRONMENTAL IMPACT REPORT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the T014N OF LOS GATOS enter into that agreement to prepare a Master Environmental Impact Report for the Los Gatos General Plan with KREINES & KREINES, a copy of which is attached hereto, and that the Mayor is authorized, and he is hereby directed, to execute said agreement in the same and in behalf of the TOWN OF LOS GATOS. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 7th day of February , 1983, by the following vote: AYES: COUNCIL MEMBERS Joanne Beniamin, Terrence J Daily Thomas J Ferrito MarLyn J. Rasmussen and Mayor Brent N Ventura NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS SIGNED: ATTEST: CLERK 0 -fHE TOWN 0 F L AGREEMENT THIS AGREEMENT is made and entered into on FP R)ega w-V i�' 1983 by the Town of Los Gatos (TOWN), and Kreines & Kreines (GUNS ULTANT . 1. The TOWN desires to contract for the performance of Environmental Services to include the preparation of a Master Draft and Final Environmental Impact Report for the following project: Los Gatos General Plan 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 "ATTACHMENT A." CONSULTANT'S work products and schedule of delivery shall be in accordance with the "Work Products and Schedule" attached as "ATTACHMENT 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 $16,310.00 payment to be made in accordance with Work Products and Schedule stated in ATTACHMENT 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: KREINES & KREINES 58 Paseo Mirasol Tiburon, California 94920 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 California. DATE:_ ti-44 '2,5 TOWN OF LOS GATOS R DATE:iir..i,i CONSULTANT KREINES & KREINES APPROVED AS TO FORM: WALIEK V. A` ` f; TOWN ATTORNEY -2- ATTACHMENT A SCOPE OF SERVICES The following tasks represent work items which the team will undertake in approximately the order given. Some of the tasks may be undertaken concurrently in order to reach a timely completion. Scopinq Session. There are questions regarding the degree of detail to which the analysis proposed herein should go, and it is possible that the Town would recommend different emphases on some of the proposed work items. Agreement on these questions can best be achieved at a "scoping session" as recommended here. First Public Meetinq. We also believe that EIRs must address items of public controversy and that such a function can be achieved by holding a Town meeting where the EIR itself, as opposed to the General Plan, is discussed. We will then use that public input to direct our subsequent efforts. Build Out Los Gatos General Plan. We believe that the first step in this EIR is to "build out" the Town of Los Gatos to its maximum yield under the General Plan. Determine Service Impacts. From the buildout step, we can project service impacts over and above those which exist now. Perform Analysis by Article 9. We will perform an analysis on the General Plan by using the Article 9 approach. If we find omissions or conflicts within the proposed General Plan, it is ­­,,important to have a broad -based team capable of reconciling differences and indicating environmental impact in a manner appropriate to Los Gatos' needs. These differences may, or may not, result in changes to the proposed General Plan. Prepare Master EIR Materials. We would then proceed with our Master EIR approach, preparing documents for the EIR which will have active use throughout the life of the General Plan. Prepare Drafts. We are recommending an administrative draft EIR which will be subjected to staff review, and we will make the necessary corrections and provide the Town of Los Gatos with a circulation draft EIR. Second Public Meeting. We are recommending a second EIR meeting (or public hearing f input on the draft EIR, g necessary) in order to receive SCHEDULE If selected, Kreines & Kreines could begin work immediately upon selection. The time frame is as follows: Administrative Draft EIR (20 copies) Draft EIR (40 copies) COST Time from Selection 8 weeks 2 weeks after receipt of staff comments on Administrative Draft EIR The total cost for the preparation of this EIR is $16,310. This includes all work to be performed, the extent of which is described in the section of this proposal entitled Extent of Work and which will be provided by the following, per task: 1. Scoping Session - Ted Kreines will meet with appropriate Town staff ............................. 5 hours 2. First EIR Meeting - Ted Kreines will plan, agendize and lead this meeting in Los Gatos........ 10 hours 3. Buildout Los Gatos - Kreines & Kreines, William Zion and Richard K. Hopper will tabulate maximum permitted development under the proposed General Plan and compare that to the maximum permitted development in the existing General Plan, and display the difference by Planning Area: Kreines & Kreines .............................. 40 hours William Zion .. ............................... 10 hours Richard K. Hopper .............................. 10 hours 4. Determine Service Impacts - the same group will convert the difference between the Los Gatos buildout and that of the existing General Plan into demands for increased levels of service for all Planning Areas: a. in traffic, Richard K. Hopper .............. 15 hours b. in public services, William Zion........... 5 hours C. in private (commercial, office, industrial and employment) services, William Zion......... 5 hours d. coordination and documentation, Kreines & Kreines .................................... hours ................. 5. Analyze General Plan by Article 9 - the following team members will examine each element of the General Plan to ensure its ability to meet CEQA: a. Circulation and Scenic Streets /Highways Element, Richard K. Hopper.. ... ...... .... .. 15 hours b. Safety and Seismic Safety Element, Darwin Myers... .. . ................ 15 hours C. Noise Element, Charles Salter.............. 10 hours d. All other elements, Kreines & Kreines...... 25 hours 6. Preparation of MEIR Materials - the following team members will contribute to mapping, criteria and application materials: a. Richard K. Hopper .......................... 10 hours b. Darwin Myers ............................... 10 hours c. Charles Salter ............................. 5 hours d. William Zion ............................... 5 hours e. Kreines & Kreines .......................... 20 hours 7. Preparation of Administrative Draft and Circulation Draft - Kreines & Kreines will prepare both documents and meet with Town staff to revise the Administrative Draft. 25 hours 8. Second EIR Meeting - Kreines & Kreines will plan, agendize, present materials and preside at this meeting in Los Gatos ............... ............................... 15 hours Personnel Costs The following man -hours and billing rates apply to the respective Personnel: 1. Richard K. Hopper - 50 hrs. @ $50 /hr..... $ 2,500 2. Darwin Myers - 25 hrs. @ $40 /hr..... 1,000 3. Charles Salter - 15 hrs. @ $50/hr..... 750 4. William Zion - 25 hrs. @ $40 /hr..... 1,000 5. Kreines & Kreines - 160 hrs. @ $50 /hr..... 8,000 Total Personnel Costs ......................... $13,250 Production Costs The following costs are estimated on a per -item basis: 1. Reproduction (photography, xerography, photostats and diazo) ............................................ $ 1,000 2. Word processing ......................... 560 3. Printing ... ............................... 1,500 Total Production Costs ........................ $ 3,060 TOTAL COST ......... ............................... JIL 310 MEETINGS The total cost for the preparation of this EIR is $16,310. This includes all work to be performed, the extent of which is described in the section of this proposal entitled Extent of Work and attendance at the following meetings: Two Town Meetings (to be arranged by the Town and conducted by Kreines & Kreines) Two Development Review Committee Meetings, if desired Two Planning Commission Public Meetings or Hearings Two City Council Public Meetings or Hearings Additional meetings and work items not covered in this proposal will be billed at the rate of $50.00 per hour. ATTACI4MENT B Payment Schedule The payment schedule for work completed as described in Attachment A shall be as follows: (1) 25% retainer upon execution of contract. (2) 50% upon submission of the Administrative Draft EIR to the Town. (3) 20% upon submission of the Draft EIR to the Town. (4) 5% upon certification of the Final EIR by the Town Council. The consultant shall bill the Town for services completed based on the above schedule. For any work required by the Town beyond that described in Attachment A, payment shall be made upon completion of the work and receipt of the bill.