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.