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1985-154-Modifying An Agreement Previously Approved To Prepare A Focused Environmental Impact ReportRESOLUTION NO. 1985 -154 RESOLUTION MODIFYING AN AGREEMENT PREVIOUSLY APPROVED TO PREPARE A FOCUSED ENVIRONMENTAL IMPACT REPORT WHEREAS: On September 17, 1984 the Town Council approved an agreement to prepare a focused Environmental Impact Report with Earth Metrics Incorporated (Resolution No. 1984 -162); WHEREAS: On January 22, 1985 the Town Council approved a modification to that agreement based on the delay of the project applicants to authorize the work to nroceed and on addition to the scope of work as requested by the project applicants (Resolution No. 1985 -10); WHEREAS: Earth Metrics, Incorporated has submitted a cost proposal to complete the additional work requested by the Planninq Commission; RESOLVED, by the Town Council of the Town of Los Gatos, GATOS modify Resolutions 1984 -162 and 1985 -10 for prepar Environmental Impact Report with EARTH METRICS INCORPORATED, attached hereto, and that the Mayor is authorized, and she is execute said agreement in the name and in behalf of the TOWN OF that the TOWN OF LOS ation of a focused as per Exhibit A hereby directed, to LOS GATOS. PASSED AND ADOPTED at a rec:ular _ meetino of the Town Council of the Town of Los Gatos held on the 21st day of October 1983, by the following vote: AYES: COUNCIL MEMBERS Eric D. Carlson. Terrence aily, Thomas J. Ferrito, Brent N. Ventura, and Mayor Joanne Benjamin NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS SIGNED:, :rt P -/Y -1Y MAYOR OF THE OWN OF OS ATOS ATTEST: CLERK OF THE TOWP 0 OS GATO TOWN CLERK n.c R: iH — — AMENDMENT TO AGREEMENT THIS AGREEMENT is made and entered into on � ' -e , v 85 by the Town of Los Gatos (TOWN), and Earth Metrics Incorpo 1. The TOWN' desires to amend the contract for the performance of Environmental Services entered into on September 17, 1984, and as amended on January 22, 1985, for the following project: 17975 Foster Road a. Conditional Use Permit Application U -84 -6 b. Environmental Imoact Report EIR -84 -1 Requesting permission to operate a private school (university level within existing school facilities (Guadalupe College) in the HR -5 (pre - zoned) zone. OWNER: Sisters of Charity of the Blessed Virgin Mary APPLICANT: Kanq Ming Ho 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 as described in the original and amended agreement and tasks identified in Attachment A to this amended agreement. COMPENSATION 2. Comnensation for CONSULTANT'S professional services shall be at a not to exceed price of $14,500.00 payment for the services set forth in paragraph one to be made in accordance with the following Payment Schedule. The total compensation for the agreement as amended shall not exceed $24,400.00. Schedule of Payments: Upon approval of amendment to agreement (25 %) $3,625.00 Upon submission draft EIR siinplement (50 %) 7,250.00 Upon certification of final EIR (25 %) 3,625.00 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed in the Town of Los Gatos, State of California. APPROVED AS TO FORM: APPROVED AS TO FORM: MARY JU R I, TOWN ATTORNEY DATE: / / / -k TOWN OF LOS GATOS BY DATE: CONSULTANT EARTH M ORPORATED BY -2- <iioXTri7�911 :n tP.7dlfffil APPROVED AS TO FORM: MARY JU R I, TOWN ATTORNEY DATE: / / / -k TOWN OF LOS GATOS BY DATE: CONSULTANT EARTH M ORPORATED BY -2- PROPOSED APPROACHES FOR RESPONSES TO CERTAIN COMMENTS ON THE DEIR FOR WESTERN CALIFORNIA UNIVERSITY The following proposed approaches address certain key comments on the Western California University Draft EIR. This list addresses only the comments requiring further Town and applicant input. The response approaches below all require modifications to Earth Metrics contract scope and budget. Other comments received will be responded to by Earth Metrics in the Final EIR as part of the current scope. 1, Tntereection Analv•i• at College AOenUe /R_ Main Street. Traffic counting, signal warrant study and original level of service analysis would be needed to provide the requested street capacity analysis of the College Avenue route with and without the Alma Bridge Road route. 2. aineer ne and reotenhninnl Analysis of thA Alma Rridae Road Route. More detailed evaluation would be practical only if additional engineering for the access route is performed (see Data Need No. 4). Earth Metrics and Howard Donley Associates would review engineering plans and back up data to assess stability and erosion potential. (No soil borings or testing is proposed unless specifically requested by the Tarn.) 3. "llonifle Tree Loan Ana)y •. Precise inventory of tree loss is practical only if additional engineering is performed (see Data Need No. 4). Earth Metrics would conduct a field inventory jointly with the applicant's engineer to precisely locate and sap expected tree 1033. The inventory would list trees by species and size class. 4. Colley Avenue Alternative Access Route Coordination. If conceptual engineering of the College Avenue route is provided (see Data Need No. 2), additional impact analysis would be provided related to geology, hydrology, biology, aesthetics, archeology, land use and traffic impacts. A geological investigation of the alternative access routes was proposed, but not authorized, an part of the original Earth Metrics proposal. The additional work would include the originally proposed geological investigation, archeological surface reconnaissance, habitat inventory, and impact discussion of a similar level of detail as the DEIR discussion of the proposed Alma Bridge Road route. Because the Foster Road and other considered routes are not deemed to be acceptable by the Town, detailed fieldwork is not proposed for these routes (see Data Need No. T below). S. Traffic $valuation of State Ro ue 17/ lama Rridae Road with a Solid Median Divider, Additional traffic evaluation is needed to address the Commission's Question of effect of a solid median divider on State Route 1T. 6, Ruildtno D muelt ion Alternative. Additional analysis would be required to assess the potential environmental effects of building demolition and return of the land to open space, as requested by the Commission. (This discussion would not include asaeasment of financial implications to the property owners, an issue which is outside the scope of an EIR.) q, Other Aceess Routes. A more detailed, though still qualitative, evaluation of the Limekiln Canyon Road, Foster Road and other access routes has been requested. This would require a minor adjustment of the contract scope and budget. g, Quantification of wiidi L e-Tm ants. Additional detail is needed in field review of wildlife habitat values and precise extent of habitat based on refined access route engineering. 9, gunk Noise and ¢DAi i Event Noise Analysis. Additional acoustical analysis is required to assess the truck and special event noise effects requested by the Commission.