07 Staff Report - Update Town's Environmental Review ProcessDATE:
TO:
FROM:
SUBJECT:
MEETING DATE: 05/18/98
ITEM NO.
COUNCIL AGENDA REPORT
May 12, 1998
MAYOR AND TOWN COUNCIL
TOWN MANAGER
UPDATE OF TOWN'S ENVIRONMENTAL REVIEW PROCESS
RECOMMENDATION:
Accept staff report.
DISCUSSION:
The Town's environmental review procedures were adopted in 1983 and have served the Town well. However, it is
possible to streamline certain aspects of the process (See Attachment 1 and 2). The current procedures require the Town
to use one of three consultants to prepare environmental assessments and documents for projects not exempt from the
California Environmental Quality Act (CEQA). The consultant assigned to a particular project is determined by a weekly
rotational schedule and the date that the project is deemed complete by the Development Review Committee (DRC) (See
Attachment 3). After a consultant is assigned, staff meets with the consultant and authorizes the consultant to proceed
with the preparation of an Initial Study and Negative Declaration. If an Environmental Impact Report (EIR) is required
by the Initial Study, the assigned consultant ceases all work and is automatically excluded from preparing the EIR. The
Planning Department then prepares a Request for Proposals (RFP) and solicits a scope of work and cost estimate from
the authorized list of EIR Consultants.
Concerns have arisen from this process because consultants do not have the flexibility to accommodate Planning
Commission/Town Council meeting deadlines, can't do the project with the identified cost constraints, or can't meet the
applicants' time schedules. Accounting and billing practices between consultants also vary dramatically among the three
firms retained by the Town. Two of the three consultants bill for brief telephone conversations at half hour increments
and complete only the minimum work specified by their contracts. The third is more flexible and has accommodated
requests outside the scope of work in the firm's contract with the Town.
Additionally, if an EIR is required for a project, the consultant who prepared the Initial Study (often the best qualified
to prepare the document because of familiarity with its environmental constraints and impacts) is automatically
eliminated under the Town's existing procedures. The RFP processes that is subsequently required adds a minimum of
two to three week to the process of the applicant's project. This system was intended to prevent a consultant from
requiring unnecessary EIR's and to prevent the perception of any conflicts of interest.
(Continued on Page 2)
PREPARED BY: LEE E. BOWMAN
PLANNING DIRECTOR
Reviewed by:
Attorri
Finance
Revised: 5/12/98 4:41 pm
Reformatted: 10/23/95
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: UPDATE OF TOWN'S ENVIRONMENTAL REVIEW PROCESS
May 12, 1998
To address these concerns and attempt to improve the process, the Planning Department is preparing an update of these
procedures that will eliminate the rotational schedule and will retain only a primary consultant and a secondary substitute
consultant to conduct all the environmental assessments for the Town. The update will also allow the Planning Director
the discretion to authorize the primary or secondary consultant to prepare an EIR if it is required by an Initial Study, or
to prepare an RFP and solicit a scope of work and cost estimate from an expanded list of authorized EIR consultants if
a possible conflict of interest may exist. Staff is experienced enough with CEQA and feels competent to analyze
documents to determine if an EIR is warranted and to prevent any conflicts of interest.
Other proposed modifications include: requiring consultant attendance at a minimum number of scoping, staff, Planning
Commission, and Town Council meetings; requiring the consultant to conduct a site visit with Town staff; requiring
specific consultant work product deadlines/schedules; requiring the consultant to produce clarification letters or
documentation for environmental assessments that have been prepared at no additional cost; and requiring specific
numbers of copies of draft and final environmental documents.
A draft of the update will be prepared for adoption at the June 1, 1998 Town Council meeting along with an expanded
list of recommended EIR Consultants, as well as recommendations for both the primary and secondary environmental
review consultants.
ENVIRONMENTAL ASSESSMENTS:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
None.
Attachments:
1. Existing Town Environmental Review Procedure with Flow Chart
2. Existing Environmental Impact Report Procedures
3. Existing Environmental Consultant Rotational Schedule
LEB:EO
N:1D E V\CNCLRPTS\EN V -CON. RE V
RESOLUTION NO. 1983-218
RESOLUTION ADOPTING ENVIRONMENTAL REVIEW PROCEDURES
INFORNin I ION ITEM
PLANNING MMISSION AGENDA 12/14/83
cc: Planning Staff 11/22/83:
RESOLVED, under the provisions of Public Resources Code Sections 21000 et seq
(California Environmental Quality Act of 1970) that the provisions of the State EIR
Guidelines (as amended) are hereby incorporated by reference and adopted as the Town
of Los Gatos procedures for the evaluation of projects and the preparation of en-
vironmental impact reports.
FURTHER RESOLVED, that the procedures shown on the attached chart entitled
"Town's CEQA Process" are established as the procedures for the Town of Los Gatos
under the provisions of the California Environmental Quality Act.
FURTHER RESOLVED, this resolution is effective December 1, 1983.
FURTHER RESOLVED, this resolution repeals the procedures established by the
previous resolutions 1973-38, 1973-70, 1973-164, 1975-90, 1976-161.
PASSED AND ADOPTED at a cont,;n„Ari Too„;ter
the Town of Los Gatos held on the 2L-_
the following vote:
meeting of the Town Council of
day of October , 1983, by
AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Terrence J.
Daily and Thomas J. Ferrito
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Mavor Brent N. Ventura
SIGNED: /s/ Thomas J, Ferrito
GJL -MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
/s/ Rose E. AldaE (seal)
CLERK OF THE TOWN OF LOS GATOS
ATTACH fi E N
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EXHIBIT A
ENVIRONMENTAL IMPACT REPORT PROCEDURES
1. Applicant files development application with the Planning Department,
including all fees. If the applicant's project is determined to be
"categorically exempt" (as defined by the State Guidelines), the application
may be accepted for processing by the Town and set for hearing before the
Development Review Committee.
2. If the application is determined not categorically exempt, the application is
referred (on a rotation basis) to the Town -retained consultant(s) who prepare
initial studies. (The purpose of the initial study is to assist in
determining if a project requires an EIR, or if a Negative Declaration may be
prepared.) Initial studies will be performed on a flat fee basis to be paid
by the applicant to the Town (presently $350).
3. The consultant previously assigned for that filing deadline is notified by
phone by the Town of the receipt of an application requiring environmental
review.
4. The consultant meets with Town staff within 48 hours to discuss project and
known environmental concerns, and is provided copies of project proposal,
plans, application and supporting data. Authorization to Proceed document
consistent with master contract is prepared and signed. The project may or
may not be scheduled for initial review by the Development Review Committee,
depending on the scope of the project.
5. Upon receipt of the authority to proceed, the consultant will complete the
initial study, prepare the recommended negative declaration, and submit all
documentation to the Town. Such documentation will normally consist of the
recommended negative declaration, the assessment checklist, and addendum
sheets, and any other supporting documents used in the determination. At the
present time, the consultant is not required to attend any Planning
Commission or other public meetings. The consultant may be required to
attend a Development Review Committee meeting, depending on the scope of the
project.
If the Planning Director concurs with the consultant that a Negative
Declaration is appropriate, the project may then proceed. If the Director
determines that an EIR is required, all work on the application is suspended
pending receipt of a draft EIR. In all cases, the Director shall notify the
applicant of his decision in writing.
6. The Planning Director will file all Negative Declarations with the County
Clerk. Notices of Determination will continue to be filed by the Planning
Director and the Town Clerk.
7. If an EIR is required, the Planning Director will select three or four EIR
consultants from the established list. The selections will be made by lot
and sent a request for proposal to prepare a Draft EIR. In no instance can
the consultant who prepared the initial study be chosen to prepare the EIR.
ATTACHMENT 2
Page 2 - ENVIRONMENTAL IMPACT REPORT PROCEDURES
8. The EIR consultant shall submit a scope of work and cost estimate for
preparation of the EIR to the Planning Director for approval. If the
Director finds both acceptable, the applicant will be notified of the
results. If the applicant then elects to proceed with the project, a
retainer equal to the projected cost plus a Town fee must be deposited with
the Town before work on the EIR will begin. A contract between the Town and
consultant will then be prepared and submitted to the Town Council for
approval.
9. The EIR consultant shall solicit information from the applicant and all
agencies having jurisdiction, conduct environmental studies and research as
necessary to complete the EIR. Strong emphasis shall be placed on the
alternative section of the EIR for plan design alternatives and project
mitigation measures.
10. The EIR consultant shall prepare an "executive draft" in sufficient
quantities for preliminary Development Review Committee review. If the
"executive draft" is found acceptable, the consultant shall prepare and
distribute the draft EIR as required by the Town. (The Planning Director will
prepare and file the Notice of Completion.)
11. The EIR consultant shall be responsible for attending all EIR hearings,
presenting or clarifying EIR information, responding in writing to comments
raised at the meeting, preparing any required EIR addendums, and assembling
and presenting the Final EIR and statement of overriding considerations (if
significant impacts are not mitigated.
dg
2/27/84
TOWN OF LOS GATOS
PLANNING DEPARTMENT
110 E. MAIN STREET
LOS GATOS, CA 95032
(408) 354-6872
MAILING ADDRESS:
P. O. BOX 949
LOS GATOS, CA 95031
Los Gatos Environmental Assessment Initial Study
1998 Consultant Schedule Rotation for Week Beginning as Shown
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
ESA, 19 9 2/23 13 4/25 15 6/27 17 7/28 19 9/30 21
inc.
LSA, 5/26 16 9/30 20 11 1/22 13 3/24 14 5/26 16 7/28
Inc.
Geier 12 2/23 16 6/27 18 8/29 20 10/31 21 12 2/23 14
Geier
Consultant selection is made based on the date the application is deemed complete by the Development Review Committee,
unless advanced selection is made by the Town for special projects. Development Review Program staff are:
Sandy Baily
Trish Duarte
Kristine Syskowski
Erwin Ordonez
Ryan Bane
Chris Lane
Martin Alkire
Revised: January 6, 1998
N:\DEV\CONSULT.SCH
Associate Planner (408) 354-6873
Sr. Engineering Technician (408) 354-6860
Assistant Planner (408) 354-6807
Assistant Planner (408) 354-6875
Planning Technician (408) 354-6879
Planning Technician (408) 354-6812
Planning Technician/Code Complaince (408) 354-6874
ATTACHMENT 3
Town Council Minutes May 18, 1998
Redevelopment Agency Los Gatos, California
SHORT TERM PARKING ALTERNATIVES CONT.
• Look at the 30 minute parking restrictions on the spaces next to the Plaza and across from
Willow Street Pizza.
The following people from the audience spoke to this issue:
Sue Farwell, 121 Laurel Ave., spoke against stacking equipment for safety and liability reasons.
Andy Faver, 10 Almaden Boulevard, San Jose, representing Lyndon Plaza, asked that they be
allowed to continue limited valet parking in the Lyndon Plaza lot on a interim basis.
Bill Bacci, 236 N. Santa Cruz, asked Council to take action on long term parking immediately.
ENVIRONMENTAL REVIEW PROCESS UPDATE (07.47)
Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council accept staff report regarding
update of Town's Environmental Review Process, with the following comments: Interested
parties should receive a notice about this subject appearing on the June 1, 1998 Council Agenda;
The consultant selection process will incorporate a Council member and a Planing Commissioner
to help make the process more public; There should be a sunset date to st the time for review
and renegotiation of contract; This is a step towards streamlining the Environmental Review
Process, which in many cities is done by staff; The Initial Study consultant will also be able to
do an EIR if needed. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
COUNCIL COMMITTEE REPORTS
Linda Lubeck reported on the facilitation meetings between neighborhoods and CPUC & PG&E.
She noted that three meetings have been held for organizational and technical considerations.
Makeup of the committee has been modified, and discussions concerning undergrounding are
taking place.
ADJOURNMENT
Mayor Lubeck adjourned this evening's meeting at 9:53 p.m.
TC: D 10: MM051898
ATTEST:
Marian V. Cosgrove
Town Clerk
7