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80-023 Sedway / Cooke Consultants - EIR for Seven Springs Ranch Development(ATTACHMENT) e City of Cupertino AGREEMENT NO. BY THIS AGREEMENT made and entered into on the 2nd day of February 19 81 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1)_ Sedway/Cooke (2) Address 325 Pari fi c Avenue City San Francisco Zip asci i i Phone 413-0966 (Hereinafter referred as CONTRACTOR), inconsideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: DELIVERY: EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A: Scope of Work Exhibit B: Disbursement Schedule Exhibit C: Labor cha e$$ f x work in a cess of A reement TERMS The services and/or materials furnisriedr in1r 1s Agreement shah commence oK and shall be completed before six weeks aftercompletion of task performed by traffic consultant and geologic/seismic safety consultant. Said contractors performing work based upon COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: separate contracts. A total of $34,000, to be disbursed based upon Exhibit B. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the per- formance of this agreement. City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non -Discrimination. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned. At all times Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: Name James H. Sisk Department Planning & Development Address 10300 Torre Avenue Cupertino, CA 95014 Telephone 252-4505 This Agreement shy AgreerKnt the day CONT A�TOI� Byj Title Princip APPROVAI S ).ecome effective upon its execution by CITY, in witness thereof, the parties have executed this d year first written above. CI F CUPERTIN_O: f / e Planning Director Exhibit A City of Cupertino/ Sedway/Cooke;Agreement SEVEN SPRINGS RANCH DEVELOPMENT February 2, 1981 A. Project Description The Seven Springs Ranch Development proposal involves the construction of approximately 419 dwellings on 148 acres. Approximately 100 acres of land is proposed for development by Interland Development Company. Interland proposes to construct approximately 413 dwellings in a planned development setting. A tentative unit breakdown is as follows: 1. 165 single-family detached structures containing 4-5 bedrooms each. 2. 115 cluster dwellings consisting of approximately 70 three-bedroom and 45 four-bedroom dwellings. 3. 133 townhouses comprised of 70 two-bedroom units and 63 two-bedroom units. The property owner will retain approximately 48 acres. A portion of the development rights of said 48 acres will be transferred to Interland Development. The owner also will desire to retain the right to construct approximately six dwelling units which includes two dwellings currently existing on site. The owner has no timetable for development of the four new dwellings on the 48 acres. The master plan will denote the general locations of the proposed new dwellings and the means of access. B. Specificity of the Environmental Report A residential development option was assessed for the property in conjunction with the Environmental Impact Report for the City's Hillside General Plan. Said Plan was adopted in 1976. As provided by Section 15148 of the State of California's Environmental Impact Report Guidelines, the project EIR for Seven Springs Ranch may place less emphasis on cumulative Citywide impacts. -1- The City contracted separately for an analysis of traffic impacts associated with the proposal. Additionally, the City utilizes the services of William Cotton and Associates, a consultant firm which evaluates projects for the City of Cupertino, to oversee the geologic and seismic considerations involving the development proposal. Sedway/Cooke shall incorporate the traffic and geologic/ seismic analysis into the site specific Environmental Impact Report. The Draft EIR shall be in compliance with the City of Cupertino's Environmental Impact Procedure and will focus on potential environmental impacts described below and the attached responses to the Notice of Preparation submitted by responsible agencies and interested groups as enumerated in the enclosures A through I. The Draft EIR shall identify feasible alternative land uses and development patterns and evaluate said alternative land uses and development patterns concurrently and with the same emphasis as the project alternative. C. Specific Environmental Impacts to be Evaluated Physical and Biological Factors Agriculture The project will result in the conversion of approximately 100 acres of Class 2 and 3 soils to urban development. Said Class 2 and 3 soils are currently cultivated in walnuts, apricots and a number of exotic plants grown in con- junction with the wholesale nursery. The project site is currently zoned "exclusive agriculture" in County jurisdiction and the owner has entered into a Williamson Act contract with the County. The Draft EIR shall evaluate the conversion. of agricultural land from a "scarce - resource it scarce-resource" and "economic feasibility" perspective. An unspecified segment of the development area will be used as community garden space which will help mitigate the loss of agricultural land. -2- Animal Habitat Depending upon the final development plan for the Foothill section of the site, the habitat of a number of animals will be contracted. The Draft EIR should inventory animal life on the site and the probable effect of the proposed development on said animal species. The report should describe a means to prevent domestic animals from intruding into the residual undisturbed habitat on the site and the adjoining Fremont Older Open Space Preserve has not been specified. Plant Communities The riparian environment which parallels the expected trace of the Monta Vista Fault will not be disturbed; however, the development of lots on the upper slopes of the property will cause the removal of natural vegetation. The Draft EIR shall evaluate the loss of natural vegetation on the project site. Geologic and Soils The Monta Vista Fault trace may cross the site diagonally adjacent to the slope of the hillside terrain, beginning with Upland Way and tracing to Prospect Road. A comprehensive Seismic Geologic and Soils Investigation will be completed prior to project review. The environmental consultant shall coordinate with the City Geologist and incorporate the geologic and seismic findings and mitigation recommendations into the Draft EIR. Hydrology A large segment of the proj ect is located in the Calabazas Watershed which is underlain by soil types which are subject to severe erosion. Additionally, urban development will increase the run-off co -efficient for areas within the watershed and thus increasing the potential for flooding in the vicinity of Prospect Creek and a segment of Calabazas Creek which is off-site. The environmental -3- consultnat shall evaluate potential erosion problems. The consultant shall consult the "Erosion Control Plan: Calabazas Creek Watershed, Saratoga, California" prepared by the Evergreen Resource Conservation District. The Draft EIR shall describe mitigation measures which may include on-site percolation ponds. Traffic Conaestion and Associated Air Degradation and Noise Increases The development will result in approximately 4,200 to 5,000 additional "all - day trips" on the local street network. The increased traffic may have a signifi- cant impact on the local streets which are in close proximity to the project site. (Note: A traffic study is in progress. The study will assess probable congestion levels on local streets, and propose solutions including means to attract residenta. to other modes of transportation. The study will identify peak hour and 24-hour counts to enable a subsequently retained environmental consultant to assess air pollution and noise impacts.) The Draft EIR shall incorporate the findings and recommendations of the traffic study. The Draft EIR shall define and evaluate the existing and future LDN and L10, L50, and L90 noise -.levels associated with automotive and rail traffic and regional and localized "hot spot" air quality degradation which may result from project -related automotive traffic. Socio/Economic Factors Archaeology The riparian environment of Prospect Creek and the alluvial plains in front of several arroyos are suspected archaeologically significant sites. The historical significance of the ranch structure shall be investigated and incorporated into the Draft EIR. Public Services The Draft EIR shall evaluate the potential effect of the development on the capacity of the public and private utility system and public services. Particular emphasis shall be placed upon sewer capacity, fire service and the school system. -4- Aesthetics and Social Integration The Cupertino General Plan emphasizes the need to physically and socially negotiate new residential development into existing adjoining residential neighborhoods. The Draft EIR should evaluate the project site design in terms of the above -stated objective. D. Public Input and Administration Sedway/Cooke shall meet with City staff on a periodic basis, as needed, to coordinate government agency and citizen input into the Draft EIR. Sedway/ Cooke shall participate in the following public meetings and hearings., 1. One evening meeting to be conducted within a public school located in the area directly affected by the proposed development. Said meeting will be attended by City staff member, Sedway/Cooke representative, and representatives of the project sponsor. The meeting will be conducted prior to preparation of the Draft EIR. 2. Two public hearings scheduled before the Planning Commission to consider Project -.and its Draft EIR.:. 3. Two public hearings scheduled before the City Council to consider the Certification of the Draft EIR and the Project. 4. One public hearing scheduled before the Santa Clara County Local Agency Formation Commission to consider the annexation of the property into the City of Cupertino. In order to complete the services hereinabove described by the agreed-upon date and price, no modifications to the development proposal will be allowed unless mutually agreed to by Sedway/Cooke and City. Additional services shall not be performed and Sedway/Cooke shall not be entitled to receive any compensation for additional services unless prior written approval of such additional services has been given by the City. Any additional services provided by Sedway/Cooke beyond those services described herein shall be billed separately, on a time and material basis, based upon Exhibit C attached hereto which -shall include involvement in related litigation. -5- After the City staff review, revisions and refinements will be made as necessary, incorporating staff comments. A camera-ready copy of the preliminary Draft EIR (reproducible masters) will be submitted to the City. The preliminary Draft EIR, in keeping with CEQA guidelines, will conform to the following report format: Project Description Environmental Setting Environmental Impacts of Proposed Project Alternatives to Proposed Project Recommended Impact Mitigation Measures Conclusions - Boundaries of area significantly affected by proposed action - Relationship between short-term uses of man's environment and the maintenance and enhancement of long-term productivity - Growth -inducing impacts - Any irreversible environmental changes if the project is implemented Upon staff approval of the preliminary Draft EIR, Sedway/Cooke shall print and deliver forty (40) copies of the Draft EIR. E. For purposes of this EIR, Sedway/Cooke will assess impacts based only upon the development proposal site plan and accompanying project description received by Sedway/Cooke within ten (10) .days after execution of this agreement. Descriptive materials submitted after execution shall not be expressly evaluated in this impact assessment. F. The firm of Sedway/Cooke has no past or present direct financial involvement or interest with Interland Construction Company or any of its affiliates. sm EXHIBIT B Moneys will be disbursed from City to Sedway/Cooke based upon the below schedule: 1. Monthly billings not to exceed 80% of the contract price prior to completion of preliminary Draft EIR. 2, 20% of contract price upon certification of EIR. EXHIBIT C Additional Non -litigation Rates Pincipal $75.00 Associate $40.00 Planner $30.00 Research Assistant $20.00 Word Processor $20.00 Additional Litigation Rates Principal $125.00 Associate $ 70.00 Planner $ 50.00 Research Assistant $ 30.00