1988-198-Authorizing Agreement To Prepare An Environmental Impact Report For The Operation Of A Residential Care Facility At 14870 Through 14890 Los Gatos BoulevardRESOLUTION NO. 1988 -198
RESOLUTION AUTHORIZING AGREEMENT TO PREPARE AN
ENVIRONMENTAL IMPACT REPORT FOR THE OPERATION
OF A RESIDENTIAL CARE FACILITY AT 14870 THROUGH
14890 LOS GATOS BOULEVARD
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 EARTH METRICS INCORPORATED
as per Exhibit A attached hereto, and that the Town Manager is authorized, and
is hereby directed, 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
7th day
of November
, 1988, by
the following vote:
AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito,
Robert L Hamilton Brent N. Ventura & Mayor Eric D. Carlson
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
SIGNED:
MAYOR, TOWN W LOS GATOS
ATTEST:
SENIOR DEPUTY CLERK OF T; TOWN OF LOS GATOS
PLN0I:TC 11/7 #3
earth metrics incorporated
2855 CAM S EISV SUATEO, CA LIFOR 5789900
TRANSMITTAL
TO: Mr. Don Ross
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031
WE ARE SENDING:
Enclosed
❑ Under separate cover
THE FOLLOWING ITEMS:
DEC 5 1988
TOWN OF LOS GATOS
PLANaJJNG DEPARTMENT
DATE: 124j/88 7532.140
SUBJECT: Agreement
VIA:
Regular Mail ❑ Express Mail ❑ Courier
❑ United Parcel ❑
No, of
Copies
Description
1
Above mentioned subject
THESE ARE TRANSMITTED:
EXIn accordance with our agreement ❑ As requested ❑ Approved as submitted
❑ For your use /information ❑ For your signature ❑
❑ For review and comment ❑ For your approval ❑
REMARKS:
RETURN REQUIRED: ® None ❑ 1 fully executed copy
COPY TO
❑ Return of materials by
FROM George W. Ball
Vice President
IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US.
AD251
AGREEMENT
THIS AGREEMENT is made and entered into on November 28 , 1988,
by the Town of Los Gatos (TOWN), and Earth Metrics Incorporation (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:
14870 - 14890 Los Gatos Boulevard
a. Conditional Use Permit U- -14A
b. Subdivision Application M -87-11
C. Architecture and Site Application S -87-71
d. Zone Change Applicatioi Z -88 -6
Requesting certification of an Environmental Impact Report, permission to
demolish a building previously used as a residential care facility and two
- -
single - family - residences, to construct a new 70 bed_ residential care_
facility in the R- 1:8000 and R- 1:10,000 zone, and to rezone two of the
parcels to R- 1:10,000.
PROPERTY OWNERS: Magpantay and Yatco
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" including attendance at
one public hearing, one Development Review Committee meeting and one
staff meeting, except as follows:
Page 2 -1 of Attachment I, under second category of tasks under
TRAFFIC, add A.M. Peak hour operation characteristics to be described
as we'll as P.M. Peak hour.
Page 2 -2 of Attachment I, third paragraph, delete "as appropriate"
from the last sentence and add "(i) through (x) ".
CONSULTANT'S work products and schedule of delivery shall be in
accordance with the Schedule attached as "ATTACHMENT" including ten
copies of the Administrative Draft EIR, 75 copies of the Draft EIR and
75 copies of responses to comments.
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� 1"
WORK SCHEDULE
2. The time schedule for delivery of all environmental documents as
described in Attachment II shall commence form the date written
authorization is received from the TOWN to begin work. It is the
responsibility of the consultant to advise the TOWN that they have
received all documents agreed upon from the TOWN, the client, or other
such sources as has been determined previously by the TOWN.
NON - PERFORMANCE
3. The CONSULTANT is not responsible for delay in delivering environ-
mental documents due to fires, strikes, labor disputes or other
substantial cause that the CONSULTANT cannot control. The existence
of such cause justifies extension of time for performance to the
extent that is reasonably necessary, but the CONSULTANT must exercise
diligence to complete its work.
If performance by the CONSULTANT is impossible or unreasonably diffi-
cult because of failure by an applicant to provide information or
refusal to permit access to land, the CONSULTANT need not perform, but
must promptly notify the Planning Director in writing of the
difficulty.
If for any reason the consultant is more than fifteen (15) days late
in meeting any of the time limits listed in Attachment 2, and no time
extensions have been granted by the TOWN, the TOWN shall advise the
CONSULTANT in writing that the contract is void. Payment will be
authorized for work completed to the satisfaction of the Planning
Director.
MISCELLANEOUS CONTRACT PROVISIONS
4. The CONSULTANT will keep confidential any information supplied to
him /her by the TOWN which is designated confidential, regardless of
whether the information might be made public by someone other than the
CONSULTANT.
All material and all compilations of information produced by the
CONSULTANT specifically to perform this contract are and remain the
property of the TOWN regardless of whether it is required to be, or
is, actually delivered to the TOWN.
The CONSULTANT may perform some of his /her obligations under this
contract by subcontracting, but may not delegate his /her ultimate
responsibility for performance nor assign his /her rights under this
contract.
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NOTTCES
5. 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:
Earth Metrics Incorporated
Z59- Cewan- -Road Ts I
Burlingame; - California -9 4030 --
5ez-
or personally delivered to CONSULTANT at such address or
address as CONSULTANT designates in writing to TOWN.
cu to tr u s N 4- i vim ,
v)"' kz'o i 6".4 L
such other
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, CA 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.
DATE: //- 17-Y-7'
TOWN OF LOS GATOS
TOWN MANAGER
ATTEST:
SENIOR DEPUTY CLERK"OUF THE TOWN OF
LOS GATOS
DATE:
APPROVED AS TO FORM:
z'
MRY JO L, T WN ATTORNEY
PLNOI:TC 11/7 #3
CONSULTANT
EARTH METRICS INCORPORATED
BY
t
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