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1981-244-Authorizing Agreement To Prepare A Focused Environmental Impact ReportRESOLUTION NO. 1951 -244 RESOLUTION AUTHORIZING AGREEMENT TO PREPARE A FOCUSED ENVIRONMENTAL IMPACT REPORT 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 that agreement to prepare a focused Environmental Impact Report with LARRY SEEMAN ASSOCIATES, a copy of which is attached hereto, and that the Mayor is authorized, and he 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 21st day of December, 1981, by the following vote: AYES: COUNCIL MEMBERS Thomas J. Ferrito, Marlyn J. Rasmussen, Brent N. Ventura and Peter W. Siemens NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Ruth Cannon SIGNED: THZWN YOR OF OF LOS GAS ATTEST: DEPUTY CLERK OF THE TOWN OF LOS GATOS A G R E E M E N T THIS AGREEMENT is made and entered into on 1,c r 1981 by the Town of LOS GATOS (Town), and LARRY SEEMAN (ASSOCIATES (Consultant). 1. The TOWN desires to contract for the performance of Environmental Services to include the preparation of a Focused Draft and Final Environmental Impact Report for the following project: Shannon Road - Pulley, Yabroff & Brezoczky a. Environmental Impact Report EIR -81 -4 b. Subdivision application M -81 -4 Requesting approval of a 12 -lot subdivision 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 11ATTACI1,1ENT A." CONSULTANT'S work products and schedule of delivery shall be in accordance with the "Work Products and Schedule" attached as "ATTACITfENT 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 $9,978.00 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 Implenentation 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: Larry Seeman Associates 2927 Newbury Street, Suite C Berkeley, California 94703 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 lj Z "3! f z r TOWN Oyj9S GATOS By h� fayor DATE f CONSULTANT LARRY SEEMAN ASSOCIATES 1 APPROVED AS TO FORM: : //7 w WALTER V. HAYS TOWN ATTORNEY ATTACH IENT A SCOPE OF SERVICES Our scope of services on this project will consist of three tasks. These tasks have been formulated on the basis of our past experience, your RFP, and our understanding of the pertinent issues. Task is Preparation of the Draft EIR. Upon authorization by the City, we will begin preparation of an Administrative Draft EIR. Original field research will be required to complete our geologic, hydrologic, noise, visual and traffic analyses. However, we will critically evaluate the ridge - line study, erosion - control plan, and alternative road plans prepared by Harrison and Kong, supplementing and /or utilizing this information wherever possible to minimize costs and avoid duplication of work. Our goal will be to provide the Commission and Council with an objective evaluation of information prepared by Harrison and Kong as well as objectively evaluate other issues raised by the Commission and Council. Since the EIR will be focused, primary emphasis will be on the following issues of concern: to Geology and Soils: After reviewing Council hearing minutes and the Commission's comments as well as discussing these issues at length with John Harrison of Harrison and Kong and Don Ross, we feel the following geologic studies are needed to adequately address concerns of the Town Council, Planning Commission, and residents. we understand the primary concerns center around the proposed roadway system and the stability of fill slopes /retaining wails required to develop the project roadway. The recent problem with slope failure along wooded View Drive has raised some question as to the stability of surface and subsurface materials in the project region. In addi- tion, the site's proximity to fault traces recorded on published maps poses more concern related to slope stability. In order to accurately determine stability of slopes and the poten- tial for slide planes, subsurface investigations will be required. Based on available information and existing topographic maps, it appears that potential instability problems are likely to be limited to slope debris and cotluvium in the larger swales. Therefore, it appears that subsurface work would most likely be limited to excava- ting and logging pits. If massive landsliding is detected, addi- tional work (e.g., drilling boreholes) may be warranted. An estimate for drilling work cannot be provided at this time since field research would be required to determine if they are needed. Darwin Myers, a certified engineering geologist, will perform all necessary geologic studies. In addition to excavating and logging pits, Dr. Myers will map the site as well as determine stability of site slopes and proposed fills /retaining walls. If any springs or seeps are found on the project site, they will be mapped and located; potential effects on fill slopes /retaining walls will be determined. The existence of fault traces on the site as indicated by published maps will be confirmed and seismic hazards on the site will be assessed. To determine stability of the project vicinity, adjacent and nearby homes will be surveyed for any signs of mass or area -wide movement and faulting. Suitability of proposed building sites will be evaluated with regard to slope stability, drainage, etc. and guidelines for development of residences will be provided wherever necessary. The project site's steep terrain limits the options available for alternative road locations. Our geologist will assess slope stabili- ty along the proposed road alignment and the two alternative road plans prepared by Harrison and Kong. Dr. Myers will also work close- ly with our traffic engineer to determine if there are any alterna- tive road alignments which could be located in geologically stable areas and could help resolve traffic circulation problems posed by the proposed plan. During field investigations, soil engineering characteristics will be generally identified and they will be reviewed for suitability to support roads, fills, structures, etc. 2. Hydrology and Water Quality: Construction of impervious surfaces on the project site will increase surface runoff volumes and alter flooding characteristics downstream of the site. The small size of the project and low densities proposed would limit the project's impact to those areas immediately downstream of the site. Our staff hydrologist, Frederick Geier, will estimate runoff volumes generated on the project site after development using the Rational Method. Based on this data, he will provide guidelines for design of all necessary on- and off -site drainage improvements. Erosion hazards on the site would be moderately high due to the steep sloUes. Mr. Geier will also review proposed erosion - control measures and the tentative erosion - control plan (prepared by Harrison and Kong) and assess their adequacy; additional measures will be recom- mended if deemed necessary. 3. Vegetation: Although the project sponsor proposes to minimize tree removal on the site, loss of trees due to construction activities or improper management practices could increase visibility of project structures at some time in the future. We will provide guidelines for proper management of oak trees and recommend measures to protect trees during project construction. k. Noise: Neighborhood residents are concerned with increased noise due to traffic generated by the project and the proposed connection of Cerro Vista Court and Hilltop Drive. Standard noise modelling techniques specified by HUD will be used to quantify potential changes to residential noise levels. However, noise models are not designed to detect changes in the noise environment at such low traffic levels. Where traffic and noise levels are very low, residents are more sensitive to very small increases in noise and traffic. Since it is more a change in the quality of life and noise levels would not measurably change, we will characterize the change in the residential noise environment by using the TIRE index (Traffic Infusion by Residential Environment). The TIRE method was developed by our traffic engineer, D.K. Goodrich, and is designed to quantify changes in the residential noise environment due to traffic volume increases as low as one vehicle per day. We will also qualitatively describe changes in the residential noise environment due to increased residential activity, proximity of the proposed road to existing residences and project construction. 5. Visual Quality: The proposed roadways and homesites are located along a ridge visible from nearby areas and lower elevations. Although this ridge is considered visually sensitive, existing trees, special design measures, and sometimes minor relocation of homesites can mitigate visual impacts. Our staff visual quality specialist, Carol Levine, will complete necessary visual studies. we have considerable experience in visual studies similar to the type of study required for the proposed project. In Carmel Valley, we have completed numerous visual studies which specify measures such as setback requirements, architectural review, landscaping provisions, preservation of existing trees, and height restrictions for homesites located near or along ridges visi- ble from Carmel Valley Road; these measures are usually enforced through either Homeowners' Association bylaws or CC &R's for develop- ment, depending on which is most appropriate. Ms. Levine will critically evaluate the ridgeline study prepared by Harrison & Kong and utilize this information wherever possible. She will take photographs of the ridgeline from key viewpoints and map visible areas. Visual sensitivity will be assessed according to specific criteria including: (1) proximity to the site; (2) inter- vening buildings, topography and vegetation which screen or block views of the site; (3) on -site scenic features; and (4) location of proposed building sites. Specific design guidelines will be recom- mended to minimize visibility of project structures. &. Traffic and Circulation: The primary issues which will be address- ed by our traffic engineers, Goodrich Consulting Group, include: (1) potential impacts associated with connecting Cerro Vista Court with Hilltop Drive; (2) safety hazards posed by the proposed circulation system; (3) sight distance problems at the Shannon Road /Cerro Vista Court intersection; and (4) appropriate widths of on -site roadways and driveways to safely accommodate traffic while minimizing cuts and fills needed for road de=velopment. Mr. Goodrich will specify all necessary on- and off -site design amendments and /or road improvements whenever necessary. Two alternative road plans (narrowing of the proposed roadway or providing emergency access only where appropriate) will be prepared by the project engineers. Mr. Goodrich will critically evaluate these alternatives and amend them as deemed necessary. He will also work closely with our geologist, Dr. Myers, to determine whether there are alternative road locations possible which could be develop- ed in more geologically stable areas. In addition, we will examine the trail system designated by the General Plan and Town road standards to determine appropriateness of providing sidewalks along the proposed access road. We will recom- mend alternatives for pedestrian access (e.g., trail in open space areas), if appropriate. In addition to these major - issues, we will address all other topical issues required by CEQA including unavoidable adverse impacts, cumulative effects, growth - inducing impacts, and alternatives. Upon completion of our studies, ten copies of the Administrative Draft EIR will be submitted to the Town for review and comment. Subsequent to staff review, we will prepare and submit 40 copies of the Draft EIR for distribution by the Town. Task Z: Preparation of Final EIR. After the close of the public review period, we will prepare responses to all oral and written comments pertinent to the adequacy of the Draft EIR. The Final EIR will be an addendum (or appendix) to the Draft EIR consisting of a list of commentors, copies of all comments, and our responses. After completion of the Final EIR, 40 copies will be provided to the Town. Task 3: Attendance at Public Hearinas. After submittal of the Draft EIR, the consultant shall attend up to two meetings before the Planning Commission or Town Council. At those meetings, we will respond to any questions pertaining to the Draft and Final EIR. ATTACfDIENT B IVORK PRODUCTS AND SCHEDULE SCHEDULE Our firm will be able to commence work as soon as authorization is given by the Town. We estimate the following schedule for completion of the work program: Task I Preparation of the Administrative Draft EIR 45 Days Staff Review 10 Days (assumed) Preparation of the Public Draft EIR 10 Days Total 65 Days Task 2 Public Meetings Task 3 Preparation of Final EIR According to Agency Schedules 15 Days The above schedule indicates calendar days and is exclusive of holidays. The amount of time required by Town staff is assumed and subject to variation at the discretion of the Town. COMPENSATION We propose to undertake the proposed work program, including ten Adminis- trative Draft EIRs, 4o Draft EIRs, 40 Final EIRs, and attendance at two public hearings for a fee of labor and expenses not to exceed $ 9,978.00. Services beyond those specified in this proposal would be billed on a time -plus- expenses basis. Attachment 1 presents a detailed cost estimate for all phases of our work program. A schedule of standard contract provisions is included as Attachment 2.