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1988-065-Authorizing Agreement To Prepare An Environmental Impact Report For The Operation Of A Super Drugstore At 15698 Los Gatos BoulevardRESOLUTION NO. 1988 -65 RESOLUTION AUTHORIZING AGREEMENT TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE OPERATION OF A SUPER DRUGSTORE AT 15698 LOS GATOS BLVD. RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the TOWN OF LOS GATOS enter into an agreement to prepare a master Environmental Impact Report with KREINES AND KREINES as per Ex- hibit A attached hereto, and that the Mayor is authorized, and is hereby direct- ed, to execute said agreement in the name 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 4 day of April , 1988, by the following vote: AYES: COUNCIL MEMBERS Thomas J. Ferrito, Robert L. Hamilton Vice - Mavor Joanne Ben.iamin NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ATTEST: Brent N. Ventura Mavor Eric D. Carlson SIGNED: VICE MAYOR OF THE TOWN/UF LOS GATOS 0 t__f CLERK OF'THE TOWN OF LOS GA7 PLNOI :TC 3/21 #5, P. 3 AGREEMENT THIS AGREEMENT is made and entered into on Aple,,L .2z , 1988 by the Town of Los Gatos (TOWN), and Kreines and Kreines (CONSULTANT). 1. The TOWN desires to contract for the performance of Environmental Services to include the preparation of a Draft and Final Environmental Impact Report for the following project: 15698 Los Gatos Boulevard a. Environmental Impact Report EIR -88 -2 b. Conditional Use Permit Application U -86 -26 c. Architecture and Site Application S -87-57 Requesting certification of an Environmental Impact Report, permission to op- erate a super drugstore within the existing Nob Hill Shopping Center and to make exterior modifications to the existing center on property in the C -1 zone. Significant environmental impacts have been identified and a Negative Declaration cannot be made by the Town. PROPERTY OWNER: Steve Musich BUSINESS OWNER: Long's Drug Stores California, Inc. 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 1" and options attached as "ATTACHMENT 4" including attendance by Kreines and Kreines at two public hearings, two Development Review Committee meetings and three staff meetings. CONSULTANT'S work products and schedule of delivery shall be in accor- dance with the Schedule attached as "ATTACHMENT 3" including ten copies of the Administrative Draft EIR, 75 copies of the Draft EIR and 75 copies of responses to comments. COMPENSATION 2. Compensation for CONSULTANT'S professional services shall be at a firm fixed price of $11,895.00; payment to be made in accordance with Work Products and Schedule stated in "ATTACHMENT 2 ". 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 21000 to 21176, inclusive), and the Guidelines for Implementation of the California Environmental Quality Act of 1970 orig- inally 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 address- ed to: Kreines and Kreines 58 Paseo Mirasol Tiburon, California 94920 or personally delivered to CONSULTANT at such address or such other ad- dress 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 TOWN 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. ATTEST: CLERK OF THE TOWN OF LOS GA APPROVED AS TO FORM: 9 } M M RY JO L GER TOWN ATTO EY PLNOI:TC 3/21 #5, pp. 4 &5 DATE: �/__9 � -9 TOWN OF LOS GATOS By fM�/ f e > MAYOR DATE: M — ['% I Jtt� CONSULTANT — �� KREINES & KREINES, INC. BY 2 - Ted Kreines, President 1 SCOPE OF SERVICES The EIR will be prepared in the following format: INTRODUCTION Issue: Orient the reader. Tasks: Discuss the Town's decision to have a focused EIR prepared-on the proposed project based on the Initial Study, the three traffic reports and the history of the application. Explain the purpose and format of an EIR, which must meet State regulations (CEQA Guidelines). ( SUMMARY Issue: Meet CEQA. Tasks: Describe the significant impacts of the proposed project and the mitigation measures designed to ( eliminate or reduce those impacts, as required by l Section 15123 of the Government Code. ! Describe the alternatives to the proposed project. Il PROJECT DESCRIPTION ( Issues: The proposed project has varied in its description from study to study. It should be clear whether the proposed project is a continuation of the same use, or whether it is a new project for approvals purposes. There may also be additional projects in the ` vicinity which might have been considered for l cumulative impact. They should be identified. ( Tasks: Describe the proposed project and its location. Describe all conditions and assumptions which might relate to the proposed project. Describe the area surrounding the project site, including the portions of the strip commercial to ( the north and south, the residential area to the ( east and the outlying areas along S.R. 17. ATTACHAENT 1 I 9 Identify any other projects planned for the area, including those projects assumed for cumulative traffic in all three traffic reports. Describe the history of the Nob Hill Shopping Center, from its initial construction to it current tenant mix. Summarize previous approvals and conditions for the Nob Hill Shopping Center. ENVIRONMENTAL SETTING, IMPACTS AND MITIGATION MEASURES Transportation /Circulation Issues: Traffic reports that have already been performed will provide all the data necessary to discuss the f environmental setting and impacts of the EIR. These reports include the following: - Barton Aschman Associates, Inc. memo dated 3/13/87 on trip generation and parking. - Donald K. Goodrich letters of 5/6/87 and 6/11/87. - Engineering comments to 7/21/87 DRC meeting. - DKS Associates memo dated 12/24/87 on Longs traffic analysis. - R.J. Zapf memo dated 1/18/88 reviewing DKS traffic analysis. Mitigation measures were not fully discussed in previous studies. Tasks: Describe the current use(s) and its (their) current traffic impacts. Identify the proposed project and describe its projected traffic impacts. Compare the proposed project and its projected traffic impacts with alternatives and their project impacts. Describe the environmental setting from the traffic analysis as performed by: - Barton Aschman, for Mindigo & Associates, assuming no liquor patrons at existing facility with no credit for post office. - Town of Los Gatos staff, for R.J. Zapf staff report of 6/26/87, assuming all adjustments (seasonal variation and linked trips). - DKS, for Town of Los Gatos, as represented in Ron Zapf staff report of 1/22/88, assuming all adjustments. Describe an environmentally superior alternative consisting of the Longs Facility without Post Office as studied by Goodrich in letter of 5/6/87. Describe the proposed project, as presented by adding 32 square feet to trip generation assumptions, presented by DKS in memo dated 12/24/87. Compare the proposed project's traffic with both alternatives' traffic in order to meet CEQA without preparing any adjustments to previous consultants' work. Reproduce appropriate portions of both Mindigo & Associates (pp. 17 -18) and Barton Aschman (p.l of 3/13/87 memo) reports for parking analysis. If parking data is not consistent with trip generation assumptions ( Mindigo & Associates and Barton Aschman excluded liquor patrons), then adjustments acceptable to the Town of Los Gatos staff will be made. Expand potential mitigation measures to include on- site techniques such as delivery service, shuttle service, parking management and regulation of hours Of post office. Provide qualitative discussion of possible effects of all mitigation measures. Rationally connect any in -lieu fees for intersection improvements to the per - project share of traffic at those intersections (e.g., does a 1% in -lieu fee relate to a 1% share of traffic which will ultimately impact that intersection ?). Alternatives Issue: CEQA requires discussion of at least two alternatives: no project and an environmentally superior alternative. The no project alternative must be demonstrably different than the proposed project (e.g., to say that no new square feet will be added is the same as no project). Tasks: Discuss the no project alternative, which is presumed to be the environmental setting. Clearly distinguish for the reader the difference between the proposed project (32 additional square feet and a different mix of goods for sale) and the no project alternative, or continuing the present uses or activities. Rela Discuss the environmentally superior alternative of eliminating the square feet currently used as the existing Post Office. No new space will be assumed for Longs. Short -Term Use of Man' Issues: Is the proposed project of sufficiently increased (or reduced) impact that its approval will not produce greater problems in the long -term future? Does the denial of the proposed project "force" Longs to close the Post Office, thereby leaving the Town of Los Gatos with a short term choice: proposed project or Post Office? Tasks: Discuss the immediate needs (e.g., indispensability of the Post Office) relative to long -term consequences (e.g., setting a precedent for future Statements of Overriding Consideration or similar mitigation measures). Weigh the short term costs of a few more cars at certain intersections against the ability to keep a Post Office to serve the neighborhood for the indefinite future. 9 Growth Inducement Issue: The applicant's ability to make changes in the face of the Town's traffic policy (one car - significant impact) will be watched carefully by several prospective applicants. Tasks: Discuss the possibility that if the proposed project is approved with mitigation measures, other projects may come forward with similar measures. Discuss the possibility that if the proposed project is approved with a Statement of Overriding Consideration, other projects may come forward with their own Statements of Overriding Consideration. Cumulative Effects Issue: A few cars may be tolerable, but don't cumulative impacts in Los Gatos usually occur a few cars at a time? Tasks: List other potential projects as identified by the Town. Discuss impacts from the other potential projects. Issue: Task: Are there any irreversible environmental changes? List all significant irreversible environmental changes. fects Be Issue: Are there any significant effect which cannot be avoided? Task: List all significant environmental effects which cannot be avoided. Effects Of The Project That Are Not Significant Tasks: List potential impacts that have been found by the Initial Study or the EIR to not be significant. COSTS Project Administrative & Management ....................$200 Coordination With Town ...... ...........................$300 Project Description ......... ...........................$200 Impacts to be Reviewed Transportation / Circulation ......................$1,200 Alternatives ........... ...........................$400 Short Term vs. Long Term ..........................$100 Growth Inducement ...... ...........................$200 Cumulative Impacts ..... ...........................$200 Irreversible Effects ... ...........................$100 Unavoidable Effects .... ...........................$100 Non - Significant Effects ...........................$100 Options Statement of Overriding Considerations (SOC) .. $1,400 Notice of Preparation (NOP) ..................... $350 Reuse of Post Office Space Alternative ........ $4,620 Production (word processing, graphics, reproduction, etc). Administrative Draft EIR (10 copies) ..............$150 Draft EIR (75 copies) .. ...........................$875 Final EIR /Responses to Comments (75 copies) ....... $400 Distribution of Draft EIR per Town mailing list ... $200 Public Meetings (3 staff£ meetings, 2 DRC meetings & 2 Public hearings) ............ ...........................$800 Total Cost of the EIR ....... ........................$11,895 The above costs include 13 hours (including meetings) for the preparation of the Final EIR consisting of responses to comments received on the Draft EIR. The above costs include all tasks described in the Scope of Services section in this proposal and the Optional Items described in Attachment 4. Any additional studies outside of the Scope of Services contained in Attachment 1 or the Optional Items contained in Attachment 4 would be on a time ($75.00 per hour) and materials basis. These costs also assume that previous traffic studies are judged to be sufficient by the Town of Los Gatos. Any adjustment of previous analysis by a registered Traffic Engineer will require the services of our registered Traffic Engineer, RKH, Transportation and Civil Engineers, at an additional cost. ATTACHMENT 2 SCHEDULE The time schedule for the preparation of the EIR is as follows: Submission of Administrative Draft EIR to Town of Los Gatos 6 weeks from execution of contract City Staff Review Period As long as necessary Submission of Draft EIR 1 week from receipt to Town of Los Gatos of staff comments l Additional Studies and 2 weeks from receipt Submission of Final EIR of all comments (Responses to Comments) to Town of Los Gatos r No Additional Materials Required We do not require any additional materials from the Town or the applicant, since any details are based on materials already in hand. The applicant may provide additional detail up to four weeks before the Administrative Draft EIR is due. Sche u Payments Selection (25 %) ... ............. $1,381 Upon su ion of Administr Draft EIR (50 %).. Upon submissio Draft EIR (20 %) ... ............$1,105 submission of Re es to Comments ( ... $276 i Total .......... $5,5 PAYfIENT SCHEDULE 25% upon authorization to proceed; 50 °% upon submission of the Administrative Draft EIR; 15% unon submission of the Draft EIR; and 10% following attendance at the Planning Commission hearing on the Draft EIR. ATTACHMENT 3 OPTIONS The following options raise issues not discussed in previous reports or in the scoping meeting of February 16, 1988. They are not presented as requirements but only possible options that the Town of Los Gatos may want to add to the Scope of Services of the EIR. If any of these tasks are selected by the Town of Los Gatos for inclusion in the EIR there would be additional costs and time involved. Statement of Overriding Considerations (SOC) Issues: CEQA Guidelines Section 15093 permits approval or projects with significant impacts by adoption of a SOC. An SOC must be supported by facts, in writing, rather than statements or letters from aggrieved parties. Tasks: Provide data on whether it is imperative to retain the Longs Post Office: - What is the nearest alternative Post Office? - Would there be an increase in traffic generation elsewhere if Longs Post Office were closed? - What would be the new traffic impacts elsewhere if Longs Post Office is closed? Discuss if existing Longs location is unique: - Is there any other location for the Post Office in the project area? - Can comparable lease rates and square footage be found elsewhere? Review all previous comments and hearings on the record. Discussion with the U.S. Postal Service, if necessary, to see if they would relocate. Survey commercial space in project area, if necessary, to determine any comparable space for the Post Office. ATTACHMENT 4 Neighborhoo eetin Iss Previous comment rom neighbors have no een Eundertaken cess or method, but r er to a Post Office or to d ing Longs. Tasks: Gatos notices eighborhood meetin s a meeting cation. eine explains CEQA and t s to be the EIR. Krein & Kreines explains atement of Overri 'ng Co iderations. Attendees provi input to guide an sis. Summari results of neighborh od meeting in EIR. Notice of Preparation Issues: Caltrans, at a minimum, will require official notice of EIR since at least one state highway (S.R. 9) is involved. S.R. 17 may also be involved if Lark Avenue improvements are required. Task: Preparation of Notice of Preparation for Town of Los Gatos. State RoZnce 85 Issue: Town Policy (o car - significant i ct) is at issue and si General Plan Poli recommends constructio £ S.R. 85, what wo be the long- term im t of the project w the construction of S.R 5? j Tas Revise Los Gato eneral Plan EIR _to�i cn Jude / impat a proposed projjee. Note: The General P n EIR showed si ficant ifts fro ast -we traffic (e.g., ratoga Avenue) to nort outh traffic ( Los Gatos / Blvd.). ter Issues: If CUP is the only fisting entit ent, then may have to ad ss entire sho i.ng center. If NHSCCUP not an exist entitlement,,then EIR may hav o discuss wh Conditional Use Permit is re ed for one at and not for Qti%rs. Cask Review propo project and Hill Shoplairig Center i arms of Los G s Zoning OrAi�hance, as sho n the example n Exhibits l,lZ and 3. etermine if proposed pr ect and the N Hill Shopping er are cons ent with the s Gatos Gener lan. Reuse of Post Office Space Alternative Issues: If Longs wanted to convert the existing Post Office ! to increase Longs square footage, would a significant impact be created or would traffic actually be reduced? I Conversion or reuse of Post Office space was mentioned but not studied in previous traffic studies. (For example, there was no discussion of how to handle "linked" trips with no Post Office. Do they "disappear" or are only 70% subtracted ?) Tasks: Calculation of the following by RKH, traffic engineers: Estimate loss in Post Office trips, using linked or shared trip approach. l - Estimate added Longs trips. I - Calculate difference (e.g., increase or decrease). - Distribute and assign lost Post Office trips to other Post Offices.