13-177 The Planning Center/DC&E, Consultant Services for Housing Element Update Environmental Assessment OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
9 TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
WEBSITE. www.cupert no.org
CUPERTINO
November 27, 2013
The Planning Center/DC&E
1625 Shattuck Avenue, Suite 300
Berkeley, CA 94709
Re: Agreement
Enclosed is a fully executed original copy of your agreement with the City of Cupertino.
If you have any questions or need additional information, please contact the
Community Development Department at (408) 777-3308.
Sincerely,
Dorothy Steenfott
Senior Office Assistant
cc: Planning
Enclosure
AGREEMENT BETWEEN THE CITY OF CUPERTINO
AND THE PLANNING CENTER/DC&E FOR CONSULTANT SERVICES FOR
HOUSING ELEMENT UPDATE ENVIRONMENTAL ASSESSMENT
THIS AGREEMENT, for reference dated October 23, 2013, is by and between
CITY OF CUPERTINO a municipal corporation hereinafter referred to as "City"),P rP ( Y )�
The Planning Center/DC&E, a California corporation, whose address is 1625 Shattuck
Avenue, Suite 300, Berkeley, California 94709 (hereinafter referred to as "Consultant"),
and is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now
being conducted under the Constitution and the statutes of the State of California and the
Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to perform the
special services which will be required by this Agreement; and
C. City and Consultant desire to enter into an agreement for a total amount
not to exceed FORTY FIVE THOUSAND, ONE HUNDRED NINETY TWO ($45,192)
upon the terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM:
The term of this Agreement shall commence on November 4`", 2013, and shall
terminate on December 31, 2014, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit A, according
to the project schedule set forth in Exhibit B, which exhibits are attached hereto and
incorporated herein by this reference, in accordance with the terms and conditions set
forth in this agreement.
Consultant's Project Manager to represent consultant during the day-to-day work
on the Project is Terri McCracken, Associate Principal. Consultant's Project Manager
shall have supervisory responsibility for the performance,progress, and execution of the
Services. If circumstances cause the substitution of the project director, project
coordinator, or any other key personnel for any reason, the appointment of a substitute
project director and the assignment of any key new or replacement personnel will be
subject to the prior written approval of the City. Consultant, at City's request, also agrees
to promptly remove personnel who City finds do not perform the Services in an
acceptable manner.
3. COMPENSATION TO CONSULTANT:
Consultant shall be compensated for services performed pursuant to this
Agreement in the amounts set forth in Exhibits "C", which are attached hereto and
incorporated herein by this reference. Payment shall be made by checks drawn on the
treasury of the City, to be taken from the 110-7302-9330 fund.
Consultant shall submit monthly invoices to the City in accordance with the
provisions set forth in Exhibits C.
4. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance of
this Agreement.
5. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate
with the prevailing standards of like professionals in the San Francisco Bay Area and
agrees that all services shall be performed by qualified and experienced personnel who
are not employed by the City nor have any contractual relationship with City.
6. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by this
Agreement is that of employer-independent contractor. The manner and means of
conducting the work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment will be acquired by virtue of Consultant's
services. None of the benefits provided by City to its employees, including but not
limited to, unemployment insurance, workers' compensation plans, vacation and sick
leave are available from City to Consultant, its employees or agents. Deductions shall
not be made for any state or federal taxes, FICA payments, PERS payments, or other
purposes normally associated with an employer-employee relationship from any fees due
Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
6. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant assumes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees performing work hereunder,
pursuant to all applicable IRCA or other federal, or state rules and regulations.
Consultant shall indemnify and hold City harmless from and against any loss, damage,
liability, costs or expenses arising from any noncompliance of this provision by
Consultant.
7. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are unacceptable
employer/employee conduct, Consultant agrees that harassment or discrimination
directed toward a job applicant, a City employee, or a citizen by Consultant or
Consultant's employee or subcontractor on the basis of race, religious creed, color,
national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or
sexual orientation will not be tolerated. Consultant agrees that any and all violations of
this provision shall constitute a material breach of this Agreement.
8. HOLD HARMLESS:
Consultant shall, to the fullest extent allowed by law, with respect to all services
performed in connection with the Agreement, indemnify, defend, and hold harmless the
City and its officers, officials, agents, employees and volunteers from and against any and
all liability, claims, actions, causes of action or demands whatsoever against any of them,
including any injury to or death of any person or damage to property or other liability of
any nature, whether physical, emotional, consequential or otherwise, arising out,
pertaining to, or related to the performance of this Agreement by Consultant or
Consultant's employees, officers, officials, agents or independent contractors. Such costs
and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert
fees and all other costs and fees of litigation.
9. INSURANCE:
On or before the commencement of the term of this Agreement, Consultant shall
furnish City with certificates showing the type, amount, class of operations covered,
effective dates and dates of expiration of insurance coverage in compliance with
paragraphs 9A, B, C, D and E. Such certificates, which do not limit Consultant's
indemnification, shall also contain substantially the following statement: "Should any of
the above insurance covered by this certificate be canceled or coverage reduced before
the expiration date thereof, the insurer affording coverage shall provide thirty (30)days'
advance written notice to the City of Cupertino by certified mail, Attention: City
Manager." It is agreed that Consultant shall maintain in force at all times during the
performance of this Agreement all appropriate coverage of insurance required by this
Agreement with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum
limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in
the amounts of$1,000,000 will be considered equivalent to the
required minimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the following
minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which includes coverage for the
professional acts, errors and omissions of Consultant in the amount
of at least $1,000,000.
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which
he/she has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants
to City, on behalf of any insurer providing comprehensive general and automotive
liability insurance to either Consultant or City with respect to the services of Consultant
herein, a waiver of any right to subrogation which any such insurer of said Consultant
may acquire against City by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or maintain
the foregoing insurance, City shall be permitted to obtain such insurance in the
Consultant's name or as an agent of the Consultant and shall be compensated by the
Consultant for the costs of the insurance premiums at the maximum rate permitted by law
and computed from the date written notice is received that the premiums have not been
paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and
volunteers shall be named as an additional insured under all insurance coverages, except
any professional liability insurance, required by this Agreement. The naming of an
additional insured shall not affect any recovery to which such additional insured would
be entitled under this policy if not named as such additional insured. An additional
insured named herein shall not be held liable for any premium, deductible portion of any
loss, or expense of any nature on this policy or any extension thereof. Any other
insurance held by an additional insured shall not be required to contribute anything
toward any loss or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to
protect Consultant. Consultant is advised to confer with Consultant's insurance broker to
determine adequate coverage for Consultant.
10. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to perform
the services required by this Agreement. Consultant may be required to fill out a conflict
of interest form if the services provided under this Agreement require Consultant to make
certain governmental decisions or serve in a staff capacity as defined in Title 2, Division
6, Section 18700 of the California Code of Regulations.
11. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly, by operation of law or otherwise, without prior
written consent of City. Any attempt to do so without said consent shall be null and void,
and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer. However, claims for
money by Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written notice of
such assignment shall be promptly furnished to City by Consultant.
The sale, assignment,transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent(50%) or
more of the voting power of the corporation.
12. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose names and resumes are attached to this Agreement shall be used in
the performance of this Agreement. Consultant may change or add subcontractors only
with the prior written approval of City.
In the event that Consultant employs subcontractors, such subcontractors shall be
required to furnish proof of workers' compensation insurance and shall also be required to
carry general, automobile and professional liability insurance in reasonable conformity to
the insurance carried by Consultant. In addition, any work or services subcontracted
hereunder shall be subject to each provision of this Agreement.
13. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate permits, certificates and licenses including, but not
limited to, a City Business License, that may be required in connection with the
performance of services hereunder.
14. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive property of City. Consultant shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City the
copyright to Reports created pursuant to this Agreement. Any Report, information and
data acquired or required by this Agreement small become the property of City, and all
publication rights are reserved to City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project; and/or
(4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may require,
furnish reports concerning the status of services required under this Agreement.
D. All Reports required to be prov ided by this Agreement shal I be printed on
recycled paper. All Reports shall be copied on both sides of the paper except for one
original, which shall be single sided.
E. No Report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City. If such Reports are reused by
City for any purpose other than that for which such Reports were originally prepared, or
if City causes such Reports to be altered without Consultant's written consent, such reuse
shall be at City's risk.
15. RECORDS:
Consultant shall maintain complete and accurate records with respect to sales,
costs,expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in sufficient
detail to permit an evaluation of services. All such records shall be maintained in
accordance with generally accepted accounting principles and shall be clearly identified
and readily accessible. Consultant shall provide free access to such books and records to
the representatives of City or its designees at all proper times, and gives City the right to
examine and audit same, and to make transcripts therefrom as necessary, and to allow
inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be kept separate
from other documents and records and shall be maintained for a period of three (3) years
after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns
raised by City's preliminary examination or audit of records, and the City's supplemental
examination or audit of the records discloses a failure to adhere to appropriate internal
financial controls, or other breach of contract or failure to act in good faith,then
Consultant shall reimburse City for all reasonable costs and expenses associated with the
supplemental examination or audit.
16. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the second business day after the deposit thereof in the United States
Mail, postage prepaid, registered or certified, addressed as hereinafter
provided.
All notices, demands, requests, or approvals from Consultant to City shall be
addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Aarti Shrivastava, Director of Community Development
All notices, demands, requests, or approvals from City to Consultant shall be
addressed to Consultant at:
The Planning Center/DC&E
1625 Shattuck Avenue, Suite 300
Berkeley, California 94709
Attention: Steve Noack, AICP, Principal
17. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default in
the performance of this Agreement. If such de-fault is not cured within the time specified
after receipt by Consultant from City of written notice of default, specifying the nature of
such default and the steps necessary to cure such default, City may terminate the
Agreement forthwith by giving to the Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating
this Agreement by giving seven (7) days' prior written notice to Consultant as provided
herein. Upon termination of this Agreement, ach party shall pay to the other party that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
18. COMPLIANCES:
Consultant shall comply with all state Dr federal laws and all ordinances, rules and
regulations enacted or issued by City.
19. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State
of California excepting any choice of law rules which may direct the application of laws
of another jurisdiction. The Agreement and obligations of the parties are subject to all
valid laws, orders, rules, and regulations of the authorities having jurisdiction over this
Agreement (or the successors of those authorities.)
Any suits brought pursuant to this Agreement shall be filed with the courts of the
County of Santa Clara, State of California.
20. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any kind
pertaining to the services performed under this Agreement unless prior written approval
has been secured from City to do otherwise.
21. WAIVER:
A waiver by City of any breach of any term, covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained herein, whether of the same or a different
character.
22. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereof. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
22. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement shall
be deemed to be enacted herein, and the Agreement shall be read and enforced as though
each were included herein. If through mistake or otherwise, any such provision is not
inserted or is not correctly inserted, the Agreement shall be amended to make such
insertion on application by either party.
23. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the
Agreement and in no way affect, limit or amplify the terms or provisions of this
Agreement.
IN WITNESS WHEREOF,the parties have caused the Agreement to be executed.
CONSULTANT CITY OF CUPERTINO
A Municipal Corporation
The Planning Center/DC&E
B�r 'G By Gary Chao f ��
Title P21�►C/�'4 Title City Planner
Date � Date U
RECOMMENDED FOR APPROVAL:
By
Title Director, Community Development
APPR VED AS TO FORM:
' U
By � � J� A
City Xttomey
ATTEST:
By:
City Clerk
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
110-7302-9330(Housing Element) 45,192.00
PO# {� L)I)7
EXHIBIT A
SCOPE OF SERVICES
HOUSING ELEMENT UPDATE ENVIRONMENTAL ASSESSMENT
DETAILED WORK PLAN
As requested in the RFP,this chapter contains the following sections:
♦ Project Management Team
♦ Task Descriptions
♦ Deliverables
♦ Decision-Making Flowchart
♦ Schedule
A table showing personnel hours,which was also requested in this chapter, is included in Chap-
ter 4.
PROJECT MANAGEMENT TEAM
For the City of Cupertino's Housing Element Update Environmental Assessment, The Planning
Center I DC&E will serve as the prime consultant and will oversee all aspects of the project to en-
sure its successful and timely completion. Steve Noack will serve as Principal-in-Charge and will
oversee the consultant team. Terri McCracken will serve as Project Manager and will administer all
day-to-day aspects of the project. Team member qualifications and related work experience is
discussed in Chapter 4, Management Program. Resumes of key staff are included in an appendix
to this proposal.
TASK DESCRIPTIONS
This section describes the work plan to be completed by The Planning Center I DC&E team for the
Housing Element Update Environmental Assessment. A summary of the work program is present-
ed in Table 1.
We are flexible regarding the proposed scope of work and will work with you to prepare a more
detailed scope when we enter into a contract. We also recognize that it may be necessary to alter
the scope as the project progresses and would be happy to work with you to ensure the successful
completion of the project.
TASK A. Kick-Off Meeting
During this task, members of The Planning Center I DC&E team will work with City staff to adjust
this scope of work as needed. The review of the scope may result in adjustments to the fee and
schedule of the project as it is described in this proposal.
HOUSING ELEMENT UPDATE ENVIRONMENTAL ASSESSMENT 2.Detailed Work Plan ■ 5
ITV OI CUPERTINO
Task A: Kick'-Off Meeting
Task B: Project Description
Task C: Environmental Review
1. Initial Study 3. Mitigation Monitoring&Reporting Program
2. Mitigated Negative Declaration 4. City Review&Revision
Task D: Public Review&3esponse to Comments
Task E: Notice of Determination
Task F Optional Meetings
The Planning Center J DC&=and Hexagon staff will attend a kick-off meeting with the City and to
review the scope of work, available information, schedule, and work products. We will also dis-
cuss:
♦ Preliminary identification of key issues for the IS/MND.
♦ Protocols for clear communication between The Planning Center I DC&E, the City, and the
Housing Element consultant.
♦ The methodology to be used for the traffic,air quality,and greenhouse gas emissions(GHG)
analysis. Discussion )f this methodology will ensure the parameters for the analysis are
clearly established at the outset of the process.
TASK B. Project Description
The Planning Center I DC&1=will prepare a detailed project description using graphics and textual
information as appropriate to describe how the City of Cupertino is updating its Housing Element
to accommodate the Regional Housing Needs Allocation (RHNA) for the 2014-2022 planning
period and meet its fair share housing obligations. In addition to updating the Housing Element,
the City will also amend their Density Bonus Ordinance as outlined in Title 19 (Zoning), Chapter
19.56 (Density Bonus) of the City's Municipal Code consistent with the current Housing Element
Program 12(Density Bonus Program). We will coordinate with the Housing Element consultant to
clearly define the project. Lsing project objectives drafted by the City,we will work with the City to
revise and refine the projec:objectives. The Project Description will be submitted to the City in an
electronic format.A total of up to 8 housing opportunities sites would be analyzed as part of the
environmental evaluation process. The Planning Center I DC&E team would be available to
evaluate additional sites, if required, subject to a contract modification for an additional cost of
$1,310 per site.
TASK C. Environmento Review
1. INITIAL STUDY
The Planning Center I DC&F will prepare an Initial Study that documents existing conditions, pro-
ject impacts(if any),and m tigation measures(if required),as well as the resulting level of signifi-
cance for potential impacts under each of the topical areas required under CEQA. CEQA permits
6 ■ N 2.Detailed Work Plan HOUSING ELEMENT UPDATE ENVIRONMENTAL ASSESSMENT
CITY OF CUPERTINO
the exclusion of environmental issues on which it can be ascertained with certainty that the project
would have no significant negative impact. Given the built-out nature of Cupertino,it is anticipat-
ed that the following topic areas will be able to be summarily dismissed in the Initial Study:
♦ Agricultural and Forestry Resources
♦ Mineral Resources
In keeping with the requirements of CEQA,the Initial Study will include a detailed analysis to de-
termine the environmental impacts for the following resource categories:
a. Aesthetics
The Planning Center I DC&E will use its expertise in urban design and visual assessment to analyze
potential aesthetic impacts associated with the Housing Element. The analysis will focus on the
visual compatibility of housing projects with surrounding neighborhoods, preservation of view
corridors (if applicable),and light and glare impacts. The analysis will include assessment of im-
pacts associated with development visible from Interstate 280,which is eligible for designation as a
State scenic highway.
b. Air Quality
The Planning Center I DC&E has completed an Existing Setting Report for Air Quality to be used for
the preparation of the General Plan Amendment EIR,which can be used to prepare a qualitative
air quality and a community risk and hazards analysis. The"plan-level"analysis will be based on
the Bay Area Air Quality Management District (BAAQMD) CEQA Guidelines and will include a
qualitative analysis of criteria air pollutants generated from the proposed redesignating and rezon-
ing and of the Housing Element sites,as well as a qualitative assessment of major stationary and
mobile sources of toxic air contaminants(TACs)and fine inhalable particulate matter(PM25)with-
in the city.
i. Criteria Air Pollutants
The redesignating and rezoning of sites within the city to implement the City's Housing Element
would not itself result in a physical environmental impact. Future discretionary review for projects
would require a CEQA evaluation and an assessment of project-level impacts. Therefore,the pro-
gram-level air quality analysis will include an evaluation of the project's consistency with
BAAQMD's land use and transportation control measures within its air quality management plan.
The potential increase in trips generated by an increase in development intensity will be discussed
in relation to the projected population increase.
ii. Community Risk and Hazards
The community risk and hazards evaluation will include a discussion of potential health risks from
TACs and PM2.5 in the vicinity of any of the housing sites,based on BAAQMD's guidance. Existing
stationary sources, major roadways, and other sources of TACs will be mapped. Recommended
measures specified in the BAAQMD's Guidelines for future sensitive land uses will be considered
for areas within the mapped areas of risk,which will be based on recommended buffer distances
determined using BAAQMD screening tools,and guidance from CARB and the California Air Pollu-
tion Control Officer's Association(CAPCOA). For land uses within these areas of elevated-risk,we
will detail performance standards for future development projects to reduce exposure risks.
HOUSING ELEMENT UPDATE ENYIRONMENTAI ASSESSMENT 2.Detailed Work Plan NO& 7
CITY OF CUPERTINO
c. Greenhouse Gas Emissions
The Planning Center I DC&E will prepare a GHG emissions analysis based on current BAAQMD
methodology. The redesignating and rezoning of sites within the city to implement the City's
Housing Element would not itself result in a physical environmental impact. Therefore, GHG
emissions impacts of the project will be described qualitatively.
We will include a consistenly evaluation with applicable goals and policies in MTC's Plan Bay Area
(the region's Sustainable Communities Strategy) to reduce per capita GHG emissions from pas-
senger vehicle use.
d. Biological Resources
Based on the relatively developed conditions within the city and the likelihood that most housing
sites would presumably be located in areas already developed with urban uses, it is likely there
would not be any substantive biological issues. The existing conditions of the potential housing
sites for the General Plan Amendment EIR will be utilized for the Initial Study.
e. Cultural Resources
The prehistory and history of the City of Cupertino prepared by Tom Origer&Associates, as well
as the existing conditions of the potential housing for the General Plan Amendment EIR will be
utilized for the Initial Study.
f. Geology and Soils
The Planning Center I DC&E will analyze potential seismic hazards,and geological and soil-related
impacts. We will apply our rich experience in CEQA review to ensure all geology-and seismology-
related impacts are addressed.
g. Hazards and Hazardous Materials
The Planning Center I DC&E has completed an Existing Setting Report for the Hazards and Haz-
ardous Materials to be usec for the preparation of the General Plan Amendment EIR,which can be
used to address hazards and hazardous materials issues on the housing sites as they relate to the
General Plan Update EIR. The Planning Center I DC&E will analyze the potential for contaminants
to be present in soil and ;;roundwater of the project area (for example, from past agricultural,
industrial, and commercial land uses) that could be released during construction activities, or
cause potential health hazards to site users following construction.
h. Hydrology and Water Quality
The Planning Center I DC&=will analyze the hydrology and water quality conditions as they cur-
rently exist, and as they would be affected by projected Housing Element buildout. This analysis
will include: identification )f the regulatory framework; examination of the regional and plan-
specific hydrological setting of the area;characterization of stormwater drainage;analysis of water
quality data (both surface and groundwater) for local receiving water bodies, and pollutants of
concern,based on changes in land use;and evaluation of flooding hazards. All federal,State,and
local plans,laws,and regulations pertaining to hydrology and water quality will be identified. Reg-
ulations and policies to reduce stormwater pollution during construction and operational phases of
future projects will also be described in detail.
8 088 2 Detailed Work Plan HOUSING ELEMENT UPDATE ENVIRONMENTAL ASSESSMENT
CITY OF CUPERTINO
i. Land Use and Planning
The Planning Center I DC&E has completed an Existing Setting Report for the Land Use and Plan-
ning Chapter to be used for the preparation of the General Plan Amendment EIR, which can be
used to conduct a thorough evaluation of potential land use impacts and policy consistency analy-
sis for the Housing Element Update Initial Study. We will pay particular attention to the consisten-
cy of the Housing Element with the other General Plan elements,and work with the General Plan
Amendment preparers as needed to ensure an internally consistent General Plan.
j. Noise
Planning Center I DC&E will prepare a programmatic noise and vibration technical analysis using a
"plan-level" analysis that will be based on an assessment of major stationary and mobile noise
sources at and around the envisioned Housing Element sites. The noise and vibration analyses
will discuss applicable criteria for noise exposure, including ordinances, policies, and standards
from the State of California and the City of Cupertino's Municipal Code and General Plan. The
analysis will consist of the following:
♦ Existing Conditions. As this is a plan-level process and not a project-specific entitlement ef-
fort, The Planning Center I DC&E suggests that site visits for monitoring the ambient noise
conditions are premature. Rather, we propose to establish performance standards that will
apply to the future site development efforts when a specific project definition for the sites has
been established.
♦ Construction Noise and Vibration.The noise analyses will discuss potential noise and vibra-
tion levels associated with the short-term demolition of existing structures and the construc-
tion of the proposed residential developments.
♦ Operational Noise. The analysis will evaluate the compatibility of the proposed land uses
and housing changes with respect to potential noise exposures. The noise analysis will quan-
titatively describe changes in the noise environment generated by the Housing Element Up-
date. Noise modeling of the roadway noise sources will be based on a version of the Federal
Highway Administration's (FHWA's) traffic noise model using existing and future traffic vol-
umes in the project vicinity. The noise analysis will describe changes in the noise environ-
ment generated by non-transportation sources from the proposed developments. Noise im-
pacts to adjacent noise-sensitive areas will be evaluated from these potential new uses,based
on the noise limits of the City of Cupertino Municipal Code,the City's land use compatibility
criteria,and the State's interior noise standard of 45 dBA CNEL(for residential uses).
The results of the technical analyses described above will be provided in an appendix.
k. Population and Housing
The Planning Center I DC&E has completed an Existing Setting Report for Population and Housing
to be used for the preparation of the General Plan Update EIR,which can be used to summarize
the population and housing impacts that would result from the project,including an assessment of
indirect impacts associated with projected growth.
I. Public Services,Parks,and Recreation
The Planning Center I DC&E has completed an Existing Setting Report for Public Services, Parks
and Recreation to be used for the preparation of the General Plan Amendment EIR,which can be
HOUSING ELEMENT UPDATE ENVIRONMENTAL ASSESSMENT
2.Detailed Work Plan ■P-94 9
CITY Or CUPLRTINO
used to evaluate the potertial need for expanded public services as a result of the Housing Ele-
ment,including law enforcement,fire protection,schools,parks,and recreational facilities.
m. Transportation
As part of the General Plan Amendment traffic study, Hexagon is preparing a focused travel de-
mand model for Cupertino. Hexagon Transportation Consultants has prepared an Existing Setting
Report for the General Plar Amendment EIR and will prepare the traffic section of the Initial Study
as it relates to the sites for the General Plan Amendment EIR. Hexagon will calculate the same
transportation measures of effectiveness as used for the General Plan Amendment EIR. If any
additional deficiencies are identified,Hexagon will recommend further improvements.
n. Utilities
The Planning Center I DC&E will evaluate potential impacts related to wastewater treatment and
water supply infrastructure,stormwater infrastructure,and solid waste disposal.
2. MITIGATED NEGATIVE DECLARATION
If it is determined that potential impacts from construction or operation of the project can be
avoided through changes tD the project, or mitigated to less-than-significant levels in accordance
with CEQA Guidelines section 15070,an MND will be prepared.
In the event that the Initial Study determines the project would result in one or more significant
impacts that cannot be mitigated to a less-than-significant level, an EIR is required under CEQA.
The Planning Center I DC&1=would be available to prepare an EIR,if required,subject to a contract
modification providing scope and budget for this additional service. If an EIR is required, The
Planning Center I DC&E would leverage the comprehensive Initial Study to "scope out" impact
areas where no significant impact would result so as to focus the EIR on key issues.
3. MITIGATION MONITORING AND REPORTING PROGRAM
Concurrent with the preparation of the Draft IS/MND,we will prepare a Mitigation Monitoring and
Reporting Program (MMRP')for the mitigation measures included in the IS/MND pursuant to the
City's policies and procedu-es. The MMRP, shown in tabular form,will identify responsibility for
implementing and monitoring each mitigation measure,along with monitoring triggers and report-
ing frequencies.
4. CITY REVIEW AND REVISION
The IS/MND and MMRP will be submitted to the City of Cupertino for review and comment, as
follows:
a. IS/MND
♦ Administrative Draft C%MND. The Planning Center I DC&E will submit one electronic copy
and up to ten (10) ha-d copies of this first draft to the City for review. The City will provide
The Planning Center I DC&E with a single consolidated set of comments on the report. This
assumes that The Planning Center I DC&E will respond to one round of comments on the
Administrative Draft re_eived from the City.
10 EMU 2.Detailed Work Plan HOUSING ELEMENT UPDATE EwRoNmENTALAssswENT
CITY OF CUPERTINO
♦ Screencheck Draft IS/MND. The Planning Center I DC&E will submit a revised, second draft
to City staff as an electronic"screencheck"and up to ten (10) hard copies prior to printing
the public review draft. The Planning Center I DC&E assumes that a minimal level of effort,
not exceeding 4 hours,would be required to respond to any comment from the City on the
screencheck Draft IS/MND.
♦ IS/MND. The Planning Center I DC&E will provide the City with one electronic copy and up
to 30 hard copies. We will also provide 30 DVDs containing the document. Consistent with
State of California Office of Planning and Research CEQA document submission require-
ments and recommendations,The Planning Center I DC&E will prepare a Notice of Comple-
tion(NOC)and produce fifteen(15)copies of the IS/MND.
b. Mitigation Monitoring and Reporting Program
♦ Administrative Draft MMRP. The Planning Center I DC&E will submit this first draft to the City
for review in electronic format. The City will provide The Planning Center I DC&E with a con-
solidated set of comments on the MMRP. This assumes one-round of review and comments
by the City.
♦ Screencheck Draft MMRP. The Planning Center I DC&E will submit a revised,second draft of
the MMRP to City staff as an electronic"screencheck" prior to printing. This assumes one-
round of review and comments by the City.
♦ Final MMRP. The Planning Center I DC&E will submit a final MMRP to the City in electronic
format.
TASK D. Public Review and Response to Comments
A 30-day public review period will be required under CEQA. During this period, The Planning
Center I DC&E will attend one hearing to present the conclusions of the IS/MND and receive
comments on it.
Following the close of the public review period,The Planning Center I DC&E will respond to sub-
stantive comments received on the IS/MND in a memorandum form. This scope of work includes
16 hours of staff time to respond to comments in an Administrative Draft Response to Comments
Memorandum. If an unforeseen amount of time is required to address comments received on the
IS/MND,a contract amendment will be required.
We will prepare an Administrative Draft Response to Comments Memorandum for review by City
staff. Based on City staff comments, we will complete revisions and deliver a Final Response to
Comments Memorandum. The memorandum will be submitted electronically.
TASK E. Project Management and Adoption
This scope of work includes bi-weekly progress telephone calls with City staff and other members
of the Project team as needed per the phase of the project.
HOUSING ELEMENT UPDATE ENNRONMENTALASSESSMENT 2.Detailed Work Plan 008 11
CITY 01 CUPERTINO
The Planning Center I DC&E will attend one Planning Commission and one City Council hearing
on the approval and adoption of the Housing Element Update and IS/MND.
Within five days of project approval,The Planning Center I DC&E will prepare a notice of determi-
nation (NOD) for submittal to the State Clearinghouse and County clerk. The budget does not
include payment of any filing fees.
At the close of the project,we will provide a final electronic copy of the document,as well as up to
30 hard copies and 30 DVE,s containing the final IS/MND.
Task F. Optional Meethgs
In addition to the meetings described in previous tasks,this scope of work includes attendance by
Steve Noack(22 hours)and Terri McCracken(44 hours)at the following meetings for the Housing
Element Update and IS/MND:
♦ Up to three(3)Housing Commission study sessions and/or public hearings
♦ Up to two(2)Planning;Commission study sessions and/or public hearings
♦ Up to three(3)City Council study sessions and/or public hearings
Cost$10,120
DELIVERABLES,
The following products will be submitted to the City of Cupertino in fulfillment of our proposed
scope of work:
♦ Project Description-electronic submittal
♦ IS/MND:
• Administrative Draft-one electronic copy and 10 hard copies
• Screencheck Draft--one electronic copy and 10 hard copies
• Public Review Draft - one electronic copy, 30 hard copies, and 30 DVDs, plus 15 hard
copies for submittal to the State Clearinghouse
• Final Document-one electronic copy,30 hard copies,and 30 DVDs
♦ Notice of Completion (NOC)-one electronic copy and 1 hard copy for submittal to the State
Clearinghouse
♦ Response to Comments Memorandum
• Administrative Draft-one electronic copy
• Final-one electronic copy
♦ Notice of Determination(NOD)-one electronic copy
12 MOM 2.Detailed Work Plan HOUSING ELEMENT UPDATE ENVIRONMENTAL ASSESSMENT
CITY OF CUPERTINO
DECISION-MAKING FLOWCHART
A flowchart showing our recommended decision-making structure for this project is shown in
Figure 1. It shows how input from the public and outside agencies through the EIR scoping pro-
cess and public review period will inform the preparation of the OR. Our work will be reviewed by
City staff before it is published,which will form a feedback loop for further work on the project. At
key junctures and at the end of the project,all work will be reviewed and approved by the Plan-
ning Commission and then the City Council.
SCHEDULE
The Planning Center I DC&E's proposed schedule for completion of the Housing Element Update
Environmental Assessment is shown in Figure 2. As shown in the schedule,we anticipate that the
project can be completed by the end of June 2014. We believe this schedule is in keeping with
your needs,but we are happy to revise this schedule if necessary.
HOUSING ELEMENT UPDATE EwRONMENTALASSESSMEN7 2.Detailed Work Plan OWN 13
l IN�4�IPI FIINIi
FIGURE 1 DECISION-MAKING FLOWCHART
Prepare Draft IS/MIND ------ : c--
1 '
Review Administrative Draft ----------------- CITY PLANNING -----------------`"
OUTSIDE
Drah IS/MIND Review -------------- I I'
AGENCIES
Prepare Responses to --------
Comments
Review Administrative Draft ---------------- --------------
Recommend IS/MIND Adoption -------------- PLANNING COMMISSIO
AdoptIS/MND ------------------------------- COUNCIL
The Planning Center I DC&E:has a strong track-record in meeting project schedules and coordinat-
ing closely with its clients. Over years of managing projects similar to the Housing Element Update
Environmental Assessment,we have developed a variety of tools to keep projects on schedule and
ensure that staff are well infxmed at all times:
♦ We maintain an up-to-date schedule throughout the project, to ensure that all team mem-
bers are aware of upcoming meetings and product due dates.
♦ We stay in close, regu ar contact with staff and our subconsultants and document important
decisions about the project in writing, which ensures that decisions are understood by all
team members.
♦ We schedule project due dates for staff and subconsultants with adequate time for editing
and formatting into fin shed reports.
♦ We limit subconsultanls'payments to specific milestones,so as to ensure that progress on
the project is commensurate with billings.
14 ■ 2.Detailed Work Plan HOUSING ELEMENT UPDATE ENVIRONMENTAL ASSESSMENT
CITY OF CUPERTINO
EXHIBIT B
SCHEDULE OF PERFORMANCE
HOUSING ELEMENT UPDATE ENVIRONMENTAL ASSESSMENT
Consultant shall perform the Services so as to complete each milestone within the
number of days/weeks specified below. The time to complete each milestone may be
increased or decreased by mutual written agreement of the project managers for
Consultant and City so long as all work is completed within the term of the Agreement.
Consultant shall provide a detailed schedule of work consistent with the schedule below
within 2 weeks of receipt of the notice to proceed.
FIGURE 2 SCHEDULE
120131 2014
lTask Owner Duration Start Finish Dec tan Feb Mar Apr May June
'• _
Issue Notice to Proceed City 0 12/2/2013 12/2/2013
Task A: Kick-Off Meeting TPC DCE 1 12/10/2013 12/10/2013
Task B: Project Description
Draft Project Description TPC DCE 21 12/16/2013 1/6/2014
Review Draft Project Description City 7 1/6/2014 1/13/2014
Revise Project Description TPC DCE 7 1/13/2014 1/20/2014
Task C: Environmental Review
Administrative Draft IS/MND and MMRP TPC DCE 35 1/20/2014 2/24/2014 111 W1 I fl
Review Administrative Draft IS/MND and MMRP City 14 2/24/2014 3/10/2014
Screencheck Draft IS/MND and MMRP TPC I DCE 7 3/10/2014 3/17/2014
Review IS/MND and MMRP City 7 3/17/2014 3/24/2014
IS/MND and MMRP TPC DCE 7 3/24/2014 3/31/2014
Task D: Public Review and Response to Comments
Publish IS/MND TPC DCE 1 4/1/2014 4/1/2014 f
Public Review Period 30 4/1/2014 5/1/2014
Public Hearing City 1 TBD TBD
Administrative Draft Response to Comments TPC I DCE 18 5/1/2014 5/19/2014
Review Administrative Draft Response to Comments City 14 5/19/2014 6/2/2014
Prepare Final Responses to Comments TPC I DCE 7 6/2/2014 6/9/2014
Task E: Adoption
Planning ommission and City Council Hearings TPC DCE& City 2 TBD TBD `
g Y g I Y
Prepare Notice of Determination TPC I DCE 2 6/9/2014 6/11/2014
Review Notice of Determination City 2 6/11/2014 6/13/2014
Publish Notice of Determination TPC I DCE 1 6/30/2014 6/30/2014
Biweekly Phone Call Meetings TPC DCE& City ongoing 12/2/2013 6/30/2013
21 Mill
Task F.Optional Meetings
Study Sessions, Hearings TPC DCE& City ongoing TBD TBD
HOUSING ELEMENT UPDATE ENVIRONMENTAL ASSESSMENT 2.Detailed Work Plan ■U 15
CITY OF CUPERTINO
EXHIBIT C
COMPENSATION
HOUSING ELEMENT UPDATE ENVIRONMENTAL ASSESSMENT
City shall compensate Consultant for professional services performed for the Housing
Element in accordance with the terms and conditions of this Agreement based on the
rates and compensation schedule set forth below. Compensation shall be calculated based
on the hourly rates set forth below up to the not to exceed budget amount for each task set
forth below.
The compensation to be paid to Consultant under this Agreement for all services
described in Exhibit"A"and reimbursable expenses shall not exceed the amounts set
forth below, for a total amount for the services described in Exhibit A not to exceed
$45,192. Any work performed or expenses incurred for which payment would result in a
total exceeding the maximum amount of compensation set forth herein shall be at no cost
to the City.
Rates
Principal: $190 per hour
Senior Engineer: $165 per hour
Noise Manager: $165 per hour
Air Quality/GHG Manager: $135 per hour
Associate: $135 per hour
Project Planner: $105 per hour
Graphics/WP: $80 per hour
Traffic Consultant: $200 per hour
Invoices
In order to request payment, Consultant shall submit monthly invoices to the CITY
describing the services performed and the applicable charges (including an identification
of personnel who performed the services, hours worked,task(s) for which work was
performed, hourly rates, and reimbursable expenses), based upon Consultant's billing
rates.
Additional Services
Consultant shall provide additional services outside of the services identified in Exhibit A
only by advance written authorization from the City's Project Manager prior to
commencement of any additional services. Consultant shall submit, at the Project
Manager's request, a detailed written proposal including a description of the scope of
additional services, schedule, and proposed maximum compensation.
TABLE 2 COST ESTIMATE The Planning Center I DC&E Hexagon
Air
Senior Noise Quality/GHG Project
Hours per Task Principal Engineer Manager Manager Associate Planner Graphics/WP President
Task A.Start-Up Meeting 2 2 2
Task B.Project Description 1 2 6 3
Task C.Environmental Review r 6 r 10 12 10 34 90 8 10
1.Initial Study 3 8 10 8 28 70 4 10
2.Mitigated Negative Declaration 1 1 4 1
3.Mitigation Monitoring and Reporting Program 1 1 4 1
4.City Review and Revision 1 2 2 2 4 12 2
Task D.Public Review and Response to Comments 2 2 2 2 6 8 4
Task E.Project Management and Adoption 8 24 2 1
Total Hours r 19 r 12 r 14 F 12 68 106 16 12
Billing Rate $190 $165 $165 $135 $135 $105 $80 $200
Labor Cost $3,610 $1,980 $2,310 $1,620 $9,180 $11,130 $1,280 $2,400
Total Firm Labor Cost $31,110�� $2,400
EXPENSES
Subconsultant Administration(10%) 240
Mileage(@$0.555 per mile) 100
Office Expenses(Phone,Fax,Copies,etc. @ 2%of Labor) 622
Report Production 3,000
Total Expenses $3,962
TOTAL PER FIRM $35,072
GRAND TOTAL r $35,072
HOUSING ELEMENT UPDATE ENVIRONMENTAL ASSESSMENT 4.Cost Proposal MOM 25
CITY OF CUPERTINO
PLANNING
ONOCENTER
b-c&E
CONTRACT MODIFICATION
PROJECT Housing Element Update Environmental/assessment
DCBE PROJECT NUMBER COCU-03.0 CONTIZACT MODIFICATION NUMBER I
DATE November 25, 2013
FROM Terri McCracken,Associate
To Diana Pancholi,Assistant Planner
THIS CONTRACT MODIFICATION AMENDS THE EXISTING CONTRACT BETWEEN THE PLANNING CENTER I DC&E
AND CITY OF CUPERTINO FOR THE HOUSING ELEMENT JPDATE ENVIRONMENTAL ASSESSMENT
THE EXISTING SCOPE OF WORK IS HEREBY AMENDED AS FOLLOWS:
The Task F. Optional Meetings, provided in the scope cf work submitted to the City on October 1,2013 includes
attendance by Steve Noack(22 hours) and Terri McCracken (44 hours) at the following meetings for the Housing
Element Update and IS/MND:
♦ Up to three (3) Housing Commission study sessions and/or public hearings
♦ Up to two (2) Planning Commission study sessions and/or public hearings
♦ Up to three(3) City Council study sessions and/or public hearings
The cost for attending these meeting would not exceed S 10,120.
PREVIOUS CONTRACT AMOUNT $3E,072
AMOUNT OF THIS AMENDMENT $11:,120
NEW TOTAL CONTRACT AMOUNT $4G,192
TERMS FOR BILLING AND PAYMENT OF THE ADDITIONAL CONTRACT COST:
Same as existing contract.
ALL OTHER TERMS AND CONDITIONS OF THE EXIs"rING CONTRACT DATED
OCTOBER 1, 20 '3 DATE REMAIN UNCHANGED.
THE PLAN N;NG CEN?EP rDC @E CLIENT SIGNATURE
DAVID EARLY, PRINCIPAL
Orange County • Northern California • Los Angeles/Downtown - Los Angeles/West • inland Empire San Diego
G25 S6anu<k Avenue Suit 3D0 of rke!�y C4 9�7^9 510.868.3A!S S10.848_a3 S;f ------- — www.pfanningconfar.co-
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
TELEPHONE: (408)717-3223• FAX: (408)777-3366
C U P E RT I N O WEBSITE:www.cupertiiio.org
May 12, 2014
Placeworks
1625 Shattuck Avenue, Suite 300
Berkley, CA 94709
Re: Amendment to consultant services agreement.
A fully executed copy of the agreement for consultant services with the City of
Cupertino is enclosed. If you have any questions or need additional information, please
contact the Community Development Deparhnent at (408) 777-3308.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Community Development
A
u{ .
FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF CUPERTINO AND PLACEWORKS (FORMERLY THE
PLANNING CENTER DC&E) FOR CONSULTANT SERVICES FOR THE GENERAL
PLAN AMENDMENT/HOUSING ELEMENT PROJECTS
This First Amendment to the Consultant Services Agreement between the City of
Cupertino and Placeworks, Inc., for reference dated April 18, 2014, is by and between
the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and
Placeworks, a California corporation, whose address is 1625 Shattuck Avenue, Suite
300, Berkeley, California,94709, (hereinafter "Consultant"), and is made with reference
to the following:
RECITALS:
A. On March 6, 2013, an agreement was entered into by and between City
and The Planning Center DC&E (hereafter "Agreement"). In March 2014, the Planning
Center DC&E changed its name to Placeworks, but without any other changes to the
corporate structure, and Placeworks represents and warrants that it has the same rights
and responsibilities as The Planning Center DC&E.
B. City and Consultant desire to modify the Agreement to add additional
tasks and compensation for the General Plan Amendment on the terms and conditions
set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned
parties as follows:
1. The following Exhibits to the Agreement are amended and replaced to read
as shown in the attachments to this Amendment:
a. Exhibit "A" —Detailed Work Plan
b. Exhibit 'B" —Cost Proposal
c. Exhibit "C" —Table 1: EIR Revised Cost Estimate
d. Exhibit "D —Table 2: EI R Revised Cost Estimate'Delta
2. Except as expressly modified herein, all other terms and covenants set forth
in the Agreement shall remain the same and shall be in full force and effect
Page 1 of 2
Amendment#1-Placeworks Amendment#1-Consultant Services for General Plan Amendment/Housing Element
1 w 3
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
Placeworks CITY OF CUPERTINO
A California Corporation A Munic al Cor ation
134rAolk By
Title Aarti Shrivastava
Date . Director of Community Development
Date 6 S"D OW
RECOMMENDED FOR APPROVAL:
By �f .
David Brandt; City Manager
APPROVED AS TO FORM:
By �fijVkKVJ/'—�
v
carol Korade, City Attorney
j vATTEST:
By
Grace chmidt, City Clerklf---01 /-- y
Attachments
Exhibit "A" —Detailed Work Plan
Exhibit "B" —Cost Proposal
Exhibit "C" —Table 1: EIR Revised Cost Estimate
Exhibit "D" —Table 2: EIR Revised Cost Estimate Delta
EXPENDITURE DISTRIBUTION
Acct #'110-7302-9328 (GPA) Contract Amount: $393,490.00
PO # 00057992
Acct #110-7302-9330 (Housing Element) Contract Amount: $45,192.00
PO # 00058273 ,}
Amendment #1 (add to PO #00057992) $79,601.00 ✓ ���
Total Amount: $518,283.00
Page 2 of 2
Amendment#1-Placeworks Amendment#1-Consultant Services for General Plan Amendment/Housing Element
CHAPTER 1 :
DETAILED WORK PLAN
This chapter contains the following sections:
♦ Project Management Team
♦ Task Descriptions for the General Plan Amendment,Housing Element Update and Associated Rezoning EIR
♦ Deliverables
♦ Decision-Making.Flowchart
♦ Schedule
For ease of reference,,this chapter also includes summary of meetings to be held for the project.
PROJECT MANAGEMENT TEAM
For the City of Cupertino's General Plan Amendment, Housing Element Update and Associated Rezoning EIR, PlaceWorks will serve as
the prime consultant and will oversee all aspects of the project to ensure its successful and timely completion.Steve Noack will serve
as Principal-in-Charge and will oversee the consultant team.Terri McCracken will serve as Project Manager and will administer all day-
to-day aspects of'the project.
TASK DESCRIPTIONS
This section describes the work plan to be completed by PlaceV/orks team for the General Plan Amendment, Rezoning,and Housing
Element Update EIR.
TAsKA. Project Initiation
In this task,PlaceWorks team,working with City staff and MIG,will begin work and share ideas and concerns regarding the EIR process.
This task will allow PlaceWorks team to review information needs,discuss expectations for the project process,and begin consultation
with interested parties. This task will develop the basis for a focused work program, effective coordination, and a smooth work flow
through the project.
GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOGATED REZONING EIR I.Detailed Work Plan BMW 1
CITY OF CUPERTINO
1. KICK-OFF MEETING
During this task,members of PlaceWorks team will work with City staff to adjust this scope of work.The review of the scope may result
in adjustments to the fee and schedule of the project as it is described in this proposal.
PlaceWorks and.Hexagon staff will attend a kick-off meeting with the City and to review the scope of work, available information,
schedule,and work products.We.will also discuss:
♦ Preliminary identification of key issues for the EIR.
♦ Protocols for clear communication between PlaceWorks,the City,and MIG.
♦ Concepts for the alternatives to be evaluated in the EIR.
2. HEXAGON WORK SCOPE REFINEMENT
Hexagon will review all policy documents and previous transportation reports relevant to the proposed General Plan Update,These
include, but are not limited to,the existing City of Cupertino General Plan, the Cupertino Housing Element and North Vallco Master
Plan. Hexagon has prepared an Environmental Setting Report that includes an analysis of AM and PM peak-hour traffic conditions for
40 existing signalized intersections and two future intersections,and 33 roadway segments and 10 freeway segments.
3. PROJECT DESCRIPTION
PlaceWorks will prepare a detailed project description for the EIR using graphics and textual information as appropriate.We will coordi-
nate with MIG to clearly define the project,and we will work with the City to draft and refine the project objectives.The project descrip-
tion will clearly describe how the City of Cupertino is amending its General Plan and updating the Housing Element to accommodate
the Regional Housing Needs Allocation (RHNA)for the 2014-2022 planning period and meet its fair share housing obligations,includ-
ing all necessary amendments to the City's Zoning Map. In addition the project description will describe the amendment to the City's
Density Bonus Ordinance as outlined in Title 19 (Zoning),Chapter 19.56(Density Bonus)of the City's Municipal Code consistent with
the current Housing Element Program 12 (Density Bonus Program).The project description will include the following 5 Project com-
ponents:
1) Major Mixed-use corridors
a. Homestead Corridor
b. North Wolfe Corridor
C. Heart of the City Corridor
d. North De Anza Corridor
e. South De Anza Corridor
2) City Gateways/Sub-Areas/Nodes
a. Stelling Gateway
b. Stevens Creek and 85 Gateway
c. North Crossroads Sub Area
d. City Center Node
e. South Vallco Gateway West
f. South Vallco Gateway East
g. North Vallco Gateway
h. North De Anza Gateway
GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOCIATED REZONING EIR T.Detailed Work Plan •®M 2
CITY OF CUPERTINO
3) Study Areas
a. Cupertino Inn and Goodyear Tire
b. City Center
c. Pacific.Gas and Electrical(PG&E)
d. Mirapath
e. Cupertino Village
f. Vallco Shopping District
g. Stevens Creek Office Center
4) Other Existing'General Plan Special Areas
a. Bubb Road
b. Morita Vista
c. Oak Valley
d. Fairgrove
e. Other Neighborhoods
f. Other Commercial Mixed-Use Centers
g. Major Employers(not geographically specific)
5) Housing Element Sites within and outside of the Major Mixed-use Corridors
We understand the City has identified sites that require rezoning due to erroneous designations.These are not specifically any of the
sites identified within the 5 project components listed above, but rather are sites that need rezoning because they are currently out of
conformance with the existing General Plan.These sites will be described in the Project Description and evaluated in the EIR.
The Project Description will be submitted to the City in an electronic format.
4. NOTICE OF PREPARATION
We will prepare all CEQA notices for the General Plan Amendment, Housing Element Update, and Associated Rezoning EIR. Place-
Works will submit a Notice of Preparation of the Draft EIR and Notice of Completion form to the Governor's Office of Planning and
Research.
5. PUBLIC SCOPING MEETING
PlaceWorks Project Managers will attend one scoping meeting to gather input and comments from interested agencies, organization,
City officials,and members of the public. The purpose of the scoping meeting is to allow members of the public to provide input on
environmental issues they believe should be addressed in the EIR. To the degree the comments address new issues or a hew alterna-
tive that is not covered in this scope of work and the City wants the EIR to address the issue or add the alternative, a scope revision
may be required. However, we believe this scope represents a comprehensive environmental analysis and we do not anticipate any
such changes to the scope will be necessary.
6. ENVIRONMENTAL SETTING REPORTS
PlaceWorks team has conducted a preliminary background data review and prepared Environmental Setting reports that will support
preparation of the General Plan Amendment, Housing Element Update, and amendments to the Zoning Map, and the EIR.The fact
GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE AND'ASSOCIATED REZONING EIR 1.Detailed Work Plan Elmo 3
CITY OF CUPERTINO
that these reports will be utilized for all aspects of the proposed Project will ensure consistency between the documents and provide a
coordinated approach between the EIR team and MIG.These reports include:
• Air Quality
• Hazards and Hazardous Materials
• Land Use
• Population and Housing
• Schools and other Public Services
• Traffic
a. Data Collection and Documentation of Existing Traffic Conditions
Hexagon has compiled data and information on the existing transportation system,including roadways,transit services,bicycle facilities,
and pedestrian amenities.As noted above,Hexagon has prepared an Environmental Setting Report with a detailed description accom-
panied with maps of the transit service provided in the area, as well as gaps in existing bicycle and pedestrian facilities. Recent traffic
counts were obtained from the City.Where locations of recent traffic counts were not available,new intersection counts were conduct
ed including vehicular,bicycle and pedestrian volumes for the AM and PM peak hour periods from 7:30 to 10:30 a.m.and from 4:00
to 7:00 p.m,A copy of these counts has been be submitted to the City.
TASK B. Environmental Review
Leveraging our local knowledge and integrating information from the General Plan Environmental Setting Reports prepared in Task A.S,
above,we will:
♦ Assess existing environmental conditions;
♦ Write standards of significance for the evaluation of impacts,in coordination with City staff;
♦ Evaluate impacts that would result from buildout of the proposed project;and
♦ Develop measures necessary to mitigate or limit adverse impacts identified.
There will be a program-level, quantitative assessment of how the proposed project affects the environment,to the extent of the
land uses, densities, allocations, and heights that are authorized to be studied by the Council. The Housing Element sites and
Study Areas will be studied at site-level for overall development envelope and traffic generated. The Major Mixed-use Corridors
and Gateways/Sub-Areas/Nodes will be studied for development envelope and area-related traffic. The environmental analysis
presented in the EIR will be prepared so that future development on the Housing Element sites and Study Area sites will be able
to tier off of this EIR with the caveat that property owners in the project area will need to do supplemental environmental analy-
sis once projects are fully defined. Supplemental analysis could be a Categorical Exemption, Negative Declaration, a Mitigated
Negative Declaration or a Supplemental EIR depending on the impacts.The type of additional environmental review would be de-
termined by the City,acting as the Lead Agency,on a project-by-project basis.
The alternative land use scenarios may also include amendments to the City's Zoning Map,which will also be analyzed.
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In keeping with the requirements of CEQA,it is anticipated that the following impact categories will be analyzed in the EIR:
i. AESTHETICS/VISUAL RESOURCES
PlaceWorks will assess potential aesthetic and light and glare impacts of implementation of the proposed project in accordance with
the Appendix G significance criteria.
2. AIR QUALITY
PlaceWorks will prepare an air quality and a community risk and hazards analysis for the City of Cupertino to support the proposed
Project EIR.The technical analysis will be integrated within the EIR and modeling datasheets will be included as an appendix.The air
quality and community risk and hazards impact analysis for the EIR will be based on the current methodology of the Bay Area Air Qual-
ity Management District(BAAQMD). In accordance with the BAAQMD's CEQA Guidelines a Program-Level analysis will be prepared
and will include a qualitative analysis of criteria air pollutants generated from bu.ildout of the proposed land use plan and an assess-
ment of major stationary and mobile sources of toxic air Contaminants (TACs) and fine inhalable particulate matter(PM2i5)within the
city.However,an inventory of criteria air pollutants emissions will be provided for existing and general plan buildout.
a. Criteria Air Pollutants
The Air Quality section of the EIR will include the current air quality within the San Francisco Bay Area Air Basin (SFBAAB or Air Basin)
in the vicinity of the city and a summary of regulations adopted for the purpose of reducing health-based impacts associated with poor
air quality.Existing.,levels of criteria air pollutants available from.the nearest air quality monitoring station will be incorporated.Buildout
of the General Plan Amendment would generate emissions from an increase in trips and vehicle miles traveled(VMT)associated with
land uses within the city.The Program-Level air quality analysis will include a consistency evaluation of the General Plan Amendment
to the BAAQMD's land use and transportation control measures within the air quality management plan.The SFBAAB is in nonattain-
ment for particulate matter and for ozone.The potential increase in VMT generated by an increase in development intensity in the City
(provided by Hexagon)will be discussed in relation to the projected population and employment increase.The air quality impact anal-
ysis will also describe land uses within the city that have the potential to generate nuisance odors. Buffer distances and/or control
measures for odor sources listed in the BAAQMD's guidelines will be incorporated.
b. Community Risk and Hazards
Under this,task, PlaceWorks staff will assess air quality compatibility based on guidance within BAAQMD's draft Community Risk Re-
duction Plans for Toxic Air Contaminants (TAC) and Fine Particulate Matter(PM2.J:Community Development Guidelines.The com-
munity risk and hazards evaluation would include a discussion of potential health risks from TAC and PMZ.5 in the project vicinity based
on BAAQMD's guidance.The BAAQMD does not require site-specific health risk assessments as part of the Plan-Level evaluation for
the proposed Project. However,under this task existing stationary,sources, major roadways(defined by BAAQMD as over 10,000 vehi-
cles per day),and other sources of TAC will be mapped,including State Route 85 and Interstate 280. Based on a preliminary review of
BAAQMD mapping tools, there appear to be over 50 stationary sources and more than 8 roadways with traffic counts exceeding 4
10,000 vehicles/day. Recommended measures specified in the 13AAQMD's Guidelines for future sensitive land uses within the areas
mapped would be considered.For land uses within areas mapped as having elevated risk,the EIR will detail performance standards for
future development projects, including requirements to reduce risk from exposure to significant concentrations of PM2.5 and TACs.
Recommendations to reduce risk associated with placement of new sensitive land uses.associated with the General Plan Amendment
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adjacent to major sources of air pollution would be based on the recommended buffer distances based on BAAQMD screening tools,
California Air Resources Board(CARE)guidance,and-the California Air Pollution Control Officer's Association guidance.
3. BIOLOGICAL RESOURCES
Environmental Collaborative will review existing information on resources occurring in the planning area vicinity and conduct a field
reconnaissance survey and habitat suitability analysis for special-status species and potential jurisdictional wetlands. Available infor-
mation on biotic resources in the vicinity will be reviewed, including environmental documentation for specific development applica-,
tions in the area;wetlands mapping prepared as part of the National Wetland Inventory; records on occurrences of special-status taxa
and sensitive natural communities maintained by the California Natural Diversity Data Base; and information on sensitive or special-
status taxa available from the City and County,the California Department of Fish and Game (CDFG), and the U.S. Fish and Wildlife
Service(USFWS).A one-day field reconnaissance survey will be conducted,focusing'on the project components identified under Task
A.3 above areas,which should be sufficient to determine the potential for any sensitive resources and need for any supplemental de-
tailed surveys. The biological resource section of the EIR will identify vegetation types;wildlife habitat, potential for special-status spe-
cies,and any other important biotic features.Possible permitting implications and likely mitigation requirements will be outlined.
4. CULTURAL RESOURCES
Tom Origer&Associates (TOA)will compile information regarding the prehistory and history of the City of Cupertino.Tom Origer&
Associates will examine records at the Northwest Information Center of the California Historical Resources Information System and at
the offices of TOA to prepare a description of the cultural setting.A request for information will be made to the Native American Herit-
age Commission and to local tribes and individuals.TOA will also survey the areas in Task A.3 above approved by the City and prepare
of a technical report identifying any cultural resources on those properties.
TOA will evaluate the potential of the proposed Project to impact prehistoric or historical cultural resources, including the potential for
buried resources,and will identify mitigation measures for identified impacts.
5. GEOLOGY, SOILS, AND SEISMICITY
PlaceWorks will analyze potential seismic hazards, geological and soil-related impacts.We will apply our rich experience in CEQA re-
view to ensure all geology-and seismology impacts are addressed.
6. GREENHOUSE GAS EMISSIONS
PlaceWorks will prepare a greenhouse gas(GHG)emissions analysis for the EIR.The technical analysis will be.integrated within the EIR
and modeling datasheets will be included as an appendix.
The GHG impact analysis for the EIR will be based on the current BAAQMD methodology. Our scope of work is based on an under-
standing that the project would allow increased development intensities throughout the project components identified under Task A.3
above within the city.
The EIR will include a GHG emissions inventory for existing land uses within the areas in Task A.3 above and a GHG emissions invento-
ry of proposed land uses within the areas in Task A.3 above at buildout of the project in order to estimate the net increase in GHG
emissions attributable to the project. The GHG emissions inventory will be prepared using a BAAQMD-accepted model (e.g., CaIEE-
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Mod) and will include GHG emissions from transportation sources, area sources(landscaping fuel, architectural coatings, consumer
products), energy sources (natural gas consumption,energy use),water and wastewater, and waste.The transportation sector will be
tailored based on information provided by Hexagon Transportation Consultants. In addition,the EIR will include an evaluation of con-
sistency of the project with applicable GHG reductions plans.
PlaceWorks will assess the proposed Project in accordance with the BAAQMD's CEQA Guidelines. Under this task,a Plan-Level analysis
will be prepared and include a quantitative analysis of Community GHG emissions generated for the following scenarios:
♦ "Current"—defined by BAAQMD as a year between 2005 and 2008
♦ Existing(CEQA Baseline)
♦ 2020(Assembly Bill 32'target year)
♦ 2040(General Plan Amendment horizon year)
The community GHG emissions inventory will be prepared based on the current methodology of BAAQMD and ICLEI's recently adopt-
ed Community Protocols (October 2012),The EIR will include GHG emissions generated by land uses within the City boundaries for
the following sectors:
♦ Transportation
Energy
♦ Waste
♦ Water/Wastewater
♦ Industrial
♦ Other Sources(e.g:construction equipment,landscape equipment,etc.)
Existing GHG emissions will be projected based on the anticipated growth in population, housing,and employment anticipated within
the city and Sphere for the business-as-usual (BAU) inventory,assuming federal, State, and local GHG emissions reduction measures
were not adopted. Adjustments to the forecast year inventories will be made based on regulations and programs that have been
adopted by federal,state,and regional agencies to reduce GHG Emissions.
Pursuant to the GHG reduction targets of AB 32 and the'BAAQMD's CEQA Guidelines,the GHG analysis will identify a GHG emissions
reduction target that meets one of the following options that are based on AB 32's goals' (1) Reduce GHG emissions by 15 percent
below baseline (2008 or earlier) emissions by 2020; or (2) Meet the plan efficiency threshold of 6.6 metric tons (MTons) of GHG
emissions per service population per year.
7. HAZARDS AND HAZARDOUS MATERIALS
PlaceWorks will address hazards and hazardous materials issues. PlaceWorks will describe known hazards on sites subject to the pro-
posed Project and in surrounding areas,develop mitigation measures as required to avoid significant environmental impacts.
'Although BAAQMD's CEQA Guidelines.identify an additional target to reduce GHG emissions to 1990 levels by 2020,this target option is
not proposed for the Cupertino General Plan Amendment due to the availability of data for the City.
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H. HYDROLOGY AND WATER QUALITY
As part of the Project Team, BKF will provide a description of the storm drainage requirements for new development in the proposed
Project areas including the requirements for volume of runoff and stormwater treatment.The information gathered will be document-
ed in a Hydrology and Water Quality Technical Report that will be included as an appendix in the Draft EIR. PlaceWorks will evaluate
potential impacts to water quality.
9. LAND USE AND PLANNING
PlaceWorks will draw on our expertise in land use planning and policy analysis to conduct a thorough evaluation of potential land use
impacts and policy consistency analysis.
to. NOISE
PlaceWorks will prepare a noise analysis that will identify the impacts on sensitive land uses from the implementation of the proposed
Project.The EIR will discuss relevant standards and criteria for noise exposure, including federal, State, and City ordinances, policies,
and standards. `
PlaceWorks will review the existing noise element of the General Plan,rely on aerial photography,and on the results of ambient noise
level measurements to document the existing noise conditions in the city. Ambient noise monitoring will include a combination of
short-term and longterm noise measurements to be taken at up to 15 locations in Cupertino.These locations will be selected in coor-
dination with City staff to identify and quantify the major roadway noise sources,including the 85 and 280 Freeways,primary City arte-
rials„rail noise, and.aircraft overflights. The focus will be the areas described in the project components identified under Task A.3
above.
The analysis will review the areas described in the project components identified under Task A.3 above in the City for development
opportunities and identify long-term noise impacts with implementation of the proposed Project.Long term noise impacts will include
calculating noise contours along key roadway and railway segments to show the distance/contour relationship and the comparison of
expected noise levels to State and City standards.Noise from vehicular traffic will be assessed using a version of the U:S.Federal High-
way Administration (FHWA)Traffic Noise Model,-these contours will rely on traffic forecasts provided in the traffic impact analysis for
this project. Noise from railway activity will be assessed using U.S. Federal Transit Administration (FTA) methodologies.Noise impacts
from non-transportation sources such as mechanical equipment,air conditioning units, and loading docks for the sites to be redevel-
oped will be evaluated qualitatively in terms of potential impacts to nearby noise-sensitive receptors.
Construction impacts for the sites to be redeveloped will be evaluated at a programmatic level.Future noise and vibration effects from
construction activities will be discussed in terms of accepted standards from the U.S. Federal Transit Administration (FTA). Feasible
mitigation measures will be identified to minimize future construction-related within the study area.
Potential land use conflicts within the City will be identified based on the results of the noise monitoring and modeling results.The
focus of the analyses will be the key sites identified for development opportunities.The results if this analysis will be summarized in the
EIR noise section and calculations will be provided in an Appendix.
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11. POPULATION AND HOUSING
PlaceWorks will summarize potential impacts related to population and housing that could result from buildout of the proposed Pro-
ject. PlaceWorks will also consider the growth inducing potential of buildout, including indirect growth from increased employment
opportunities.
12. SCHOOLS, OTHER PUBLIC SERVICES, AND RECREATION
PlaceWorks will also assess impacts on other public services and recreation.We will describe existing parks and recreational facilities in
Cupertino and evaluate potential impacts associated with buildout of the Project.We will contact service providers, including City pro-
viders as well as the Santa°Clara County Fire and Sheriff's Depanments.-
With regards to the school districts,we understand the City is proactively identifying school facility needs in coordination with the Gen-
eral Plan Amendment process to help inform the community benefits policy discussion.The City is in the process of contracting with
School House Services for their services to assist with assessing the impacts to school facilities as a result of the proposed Project.The
internal team (i.e. City, MIG, PlaceWorks and School House SETVIces) will coordinate and hold team meetings/calls with the school
districts to consolidate information requests and prevent confusion due to the complex nature of the project components identified
under Task A.3 above.The City will finalize the contract with School House Services and coordinate team conference call with the in-
ternal team,demographer and school districts.
On the basis of responses from public service providers, PlaceWorks will analyze potential impacts resulting from the project,and rec-
ommend mitigation measures as needed.
13. TRANSPORTATION AND TRAFFIC
Hexagon will prepare traffic analysis documentation for use in the EIR that analyzes existing conditions,existing General Plan conditions
(Year 2040)and three future land use/transportation alternatives.The report will include a description of the scope of work,methodol-
ogies,transportation network (roadways, bike, pedestrian,transit), roadway traffic volumes, level of service analysis,and a description
of any impacts and mitigations to the roadway,bicycle,pedestrian,and transit facilities.
The AM and PM peak hour turn movements at all study intersections and roadway segments will be forecasted by the model. Future
intersection turning movement volumes will be adjusted based on the(1)the existing traffic counts,(2)base year model volumes and
(3)year 2040 model volumes.The trip distribution and roadway assignment will be reviewed and approved by the City prior to pro-
ceeding with the traffic analysis.
Hexagon will conduct existing AM and PM peak hour level of sen/ice(LOS)calculations for all study intersections using the 2000 High-
way Capacity Manual methodology. Potential growth in traffic volumes on arterials and major collectors, along with their congestion
effect on the street system within Cupertino,will be identified.The potential traffic impacts of each alternative will be evaluated follow-
ing the standards and methodologies set forth by the City of Cupertino and the Santa Clara Valley Transportation Authority(VTA).
The City of Cupertino level of service standards will be used to evaluate the signalized study intersections.Intersection levels of service
will be evaluated using the TRAFFIX software.This methodology evaluates signalized intersection operations on the basis of average
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control delay time for all vehicles at the intersection:TRAFFIX also is the CMP-designated intersection level of service methodology.The
City of Cupertino level of service standard for signalized intersections is LOS D or better.
Level of service impacts and improvements will be identified and described.These could include new roadways,widening of existing
roadways, addition of turn lanes, and/or changes to bike/pedestrian/transit facilities. Hexagon will also calculate the net increase or
decrease in vehicle miles traveled (VMT) between the existing General Plan and the proposed project, which will be used for the
greenhouse gas emissions calculations in the EIR for the proposed project as well as the alternatives to the project.
a. Santa Clara Valley Transportation Authority Stevens Creek Bus Rapid Transit(BRT)Project
The Stevens Creek(BRT) Project would provide a rapid transit service for 8.5 miles from De Anza College to the Transit Mall in down-
town San Jose using San Carlos Avenue and Stevens Creek Boulevard.The Stevens Creek BRT project would add a BRT service(BRT
523)in addition to the local(Line 23),which would provide fast,frequent service,with limited stops,and enhanced amenities for pas
sengers:According to the VTA,the Stevens Creek BRT project's planning phase will be complete by May 2016 and final design will be
complete ty October 2017.Construction is anticipated to take place between October 2017 through October 2019,and the first day of
service would be October 2019.The 2009 VTA BRT Strategic Plan estimated the cost for the Stevens Creek BRT project to be$145
million(2008 dollars),with$5:0 million secured thus far through the Measure A Transit Improvement Program.'- Because the Stevens
Creek BRT project is not a City project,the VTA will be responsible for preparing the environmental review for the Stevens Creek BRT
project.
Hexagon will prepare a separate quantitative technical memorandum,which will include two alternative model runs with the Stevens
Creek BRT that will allow the City to review the impacts of the Stevens-Creek BRT project in relationship to the project components
identified under Task A.3 above to the extent that Hexagon is provided information on the Stevens Creek BRT project from the VTA.
The additional cost for this technical memo will be up to$12,000.
b. Micro-simulation analysis of traffic operations on Wolfe Road between Homestead Road and Stevens Creek Boulevard
Hexagon will prepare a micro-simulation analysis of traffic operations on Wolfe Road between Homestead Road and Stevens Creek
Boulevard in Cupertino.Micro-simulation analysis will allow us to show a visual animation of the traffic operations on Wolfe Road.
TRAFFIX.analysis software is effective at analyzing intersection operations in isolation;however it does not accurately capture corridor
level operations and the interaction between intersections.Due to the close proximity of intersections and the future projects,a nticipat-
ed on this corridor,micro-simulation analysis will help to evaluate the movement of vehicular traffic along this corridor.This work
scope includes analyzing the corridor and up to 8 intersections on Wolfe Road between Homestead Road and Stevens Creek Boule-
vard within the City of Cupertino during the AM and PM peak commute hours.
Hexagon will evaluate traffic conditions on Wolfe,Road under the current General Plan conditions(baseline No-Project conditions)and
up to three future alternative scenarios.The analysis scenario for buildout of the City's General Plan is Year 2040.The General Plan No
Project scenario will be updated with future no project AM and PM peak hour turning movement volumes, lane geometries, intersec-
'-Santa Clara Valley Transportation.;Authority Stevens Creek Bus Rapid Transit(BRT)Project website,.http://www.vta.org/stevens-creek-brt,
retrieved.February 21,2014.
GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOCIATED REZONING EIR 1.Detailed work.Plan 0®M 10'
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tion spacing and signal timings.The General Plan No Project lane geometries,intersection spacing and signal timings will be consistent
with roadway improvements developed for the Apple Campus EIR.
Land use assumptions and associated traffic projections for the No Project and the three proposed General Plan alternatives will be
obtained from the traffic operations analyses that Hexagon is conducting for the update of the Circulation Element of the General Plan.
In addition to the General Plan conditions,Transportation system impacts associated with each of the three proposed alternatives will
be evaluated.
Level of service and operational impacts and improvements to support each of the future land use/transportation alternatives will be
identified and described for the simulation intersections.These could include new roadways,widening of existing roadways,addition of
turn lanes, and/or changes to bike/pedestrian/transit facilities.A detailed description of the necessary transportation system improve-
ments in the corridor along with associated design and construclion costs will be developed for the preferred alternative in consultation
with the project team,lead by City staff.Results will be reported in terms of delays,travel times,and queue lengths.Any potential back-
ups onto the 1-280 freeway mainline will be identified and mitigated through revised signal timing assumptions or other physical im-
provements.
The study will take 6 weeks to complete. Hexagon will demonstrate a draft simulation run to staff on May 6'h,2014. Hexagon will per-
form an early-on evaluation of the existing VISSIM files developed for the Apple campus EIR,to determine the feasibility in using these
files for analysis of the General Plan alternatives.
The additional cost for this analysis(using VISSIM)will be up to$30,000.
14. UTILITIES AND SERVICE SYSTEMS
BKF will prepare an analysis of wastewater,water supply,and gas and electric service that will form the basis for the EIR assessment of
these issues and will be included as an appendix in the Draft EIR.
BKF will first research the available existing information for the utilities infrastructure,systems in the proposed Project areas with the
City. Based on available information, BKF will document the conditions and capacity of the existing storm drainage system in the areas
in Task A.3 above.This.scope assumes that the City will provide utility block maps for the areas and any utility master plans that are
available and that City staff will highlight any known utility constraints. BKF will document the utility information provided and provide
a written summary.
Based on the available information,the Utilities Technical Report will document the conditions and capacity of the existing wastewater
and water supply systems,as well as existing gas and electric infrastructure to address Appendix F(Energy) in the CEQA Guidelines, in
the areas of the project components identified under Task A.3 above. BKF will analyze the increase demand under the proposed Pro-
ject and any upgrades needed to accommodate new demand. BKF will work with the Cupertino Sanitary District to review demands
and identify potential wastewater impacts and mitigation measures, and will work with the California Water Service and/or San Jose
Water Service for water supply impacts. It is assumed that these Districts will provide any modeling necessary to document potential
system impacts.
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Based on the preferred alternative, BKF will prepare an estimate of the increase in utility demands for storm,sewer and water for re-
view by the City.Based on the increase in utility demands,the City will provide potential system impacts that BKF will document in the
final utility report.
PlaceWorks will document existing solid waste services and facilities and existing stormwater information documented in the Hydrology
and Water Quality Technical Report prepared by BKF in Task B.B. PlaceWorks will identify impacts and mitigation measures as needed
for these services.
15. OTHER ENVIRONMENTAL ISSUES
CEQA permits the exclusion of environmental issues for which it can be seen with certainty that the project would have no significant
adverse impact. Based on our understanding of the proposed Project, it is anticipated that there would be no impact to Agricultural,
Forestry,or Mineral Resources.Therefore,these issues would be addressed in summary fashion in the EIR.
TASK C. EIR Alternatives Evaluation
PlaceWorks team will complete an impact analysis of the CEQA-required "No Project,alternative and two reduced density/intensity
alternatives for inclusion in the EIR.Where appropriate,the alternatives analysis will be a quantitative discussion equivalent to the anal-
ysis described under Task B above and will identify the environmentally superior alternative.
The cost for Air Quality and Greenhouse Gas modeling,analysis and technical appendix preparation will be up to$5,000 per alterna-
tive,for a total cost of$15,000.
The cost for Noise and Vibration modeling, analysis and technical appendix preparation will be up to $4,200 per alternative, for a
total cost of$12,600.
The cost for wastewater, water supply, and gas and electric service analysis will be up to $5,000 per alternative, for a total cost of
510,000.
TASK D. Administrative Draft EIR
PlaceWorks will prepare an Administrative Draft EIR(ADEIR)and submit to City staff for review and comment.The impact analysis will
be comprehensive and cover all CEQA requirements.Significance criteria will be identified for each impact topic based upon thresh-
olds of significance identified in Appendix G,Environmental Checklist Form,of the State CEQA Guidelines and identified in the scoping
process.
Impacts and mitigation measures'will be organized and discussed by topic. For each identified environmental impact,a set of feasible
mitigation measures will be recommended.
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The ADEIR will cover the following topics:
♦ Executive Summary. PlaceWorks will create a summary in a form consistent with CEQA Guidelines,Section 15123.This summary
will facilitate a quick understanding of environmental issues and the,actions required to mitigate potential impacts.It will include a
summary table of impacts,mitigation measures,and levels of significance before and after mitigation.
♦ Project Description.The ADEIR will include the project description drafted for the project as part of Task A.l,Project Description.
♦ Setting, Impacts, and Mitigation Measures. The existing setting information, impact analyses, and mitigation measures-devel-
oped in Task B will be combined to create chapters describing environmental consequences for each CEQA-required topic.
♦ Alternatives Evaluation. The alternatives evaluation completed in Task C will be incorporated into the EIR.This chapter will in-
clude a tabular comparison of the alternatives impacts.
♦ CEQA Required Assessment Conclusions. PlaceWorks will prepare assessment conclusions to meet CEQA Guidelines for the
following mandatory findings:
• Cumulative Impacts
• Growth Inducement
• Unavoidable Significant Effects
• Significant Irreversible Changes
• Impacts Found Not to be Significant
♦ Report Preparers.This chapter will identify,the consultants and staff who prepared the EIR.
PlaceWorks will submit ten (10) hard copies and one(1)electronic copy of the ADEIR to City staff.City staff will act as a clearinghouse
for comments on the ADEIR,and will provide PlaceWorks with a single; internally reconciled set of comments.PlaceWorks will incorpo-
rate City comments on the ADEIR and deliver a second ADEIR for review by City staff.This scope of work assumes that comments on
the second ADEIR will be relatively minor and includes 24 hours for revisions.We will provide ten (10) hard copies and one(1) elec-
tronic copy of the second ADEIR to City staff.
City staff will provide a single,internally reconciled set of comments on the second ADEIR. PlaceWorks will incorporate City comments
and deliver a Screencheck Draft EIR for review by City staff.We will submit ten (10) hard copies and one (1) electronic copy of the
Screencheck Draft EIR to City staff.
TASK E. Draft EIR and Public Review
t. DRAFT EIR
PlaceWorks will incorporate one consolidated set of comments on the Screencheck Draft EIR from City staff to create the Draft EIR.We
assume that revisions to the Screencheck Draft EIR will focus on formatting and editing,not content changes.We will prepare a total of
twenty-five(25)hard copies and one(1)electronic copy of the Draft EIR.
PlaceWorks will prepare the Notice of Completion and submit to the State Clearinghouse along with the requisite number of hard-
copies of the Executive Summary and CDs. PlaceWorks will also prepare the Notice of Availability to be submitted to the County Clerk.
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We assume that the City will be responsible for mailing the Notice of Availability to interested parties and posting the Notice of Availa-
bility in public locations.
2. PUBLIC HEARINGS
PlaceWorks and Hexagon will attend an "open house" during the public review period to collect comments on the Draft EIR.We as-
sume that City staff will schedule hearings and provide public notice.
TASK F. Administrative Response to Comments and Final EIR
Following the mandatory CEQA 45-day review period, PlaceWorks team will prepare an Administrative Draft Response to Comments
document.We assume that City staff will forward all public comments received within one working day of the close of the public re-
view period.PlaceWorks team has assumed 80 hours of staff labor.
Following the City's review of the Administrative Response to Comments, we will incorporate the Administrative Response to Com-
ments into the Administrative Final EIR document.This will include both the Response to Comments and additional analysis or revi-
sions to the Draft EIR as necessary.The Administrative Final EIR as defined in the State CEQA Guidelines Section 15132 will include the
following chapters:
♦ Introduction.This chapter discusses the use and organization of the Final EIR.
♦ Draft EIR Summary.This chapter is a summary of the findings of the Draft and the Final EIR. It will be reprinted from the Draft
EIR with necessary changes made in the Final EIR.
• Revisions to the Draft EIR. Additional corrections to the text and graphics of the Draft EIR are contained in this chapter.
de r
jin text will represent language that has been added to the Draft EIR;text with strikethreiigh will indicate text that will be
deleted from the EIR.This does not include a reproduction of the Draft EIR in its entirety.
♦ List of Commenters. Names of organizations and individuals who commented on the Draft EIR are included in this chapter.
♦ Comments and Responses. This chapter contains reproductions of the letters received from agencies and the public on the
Draft EIR.The chapter also contains responses keyed to the comments which precede them.
We will prepare a total of ten(10)hard copies and one(1)electronic copy of the Administrative Final EIR.
TASK G. Final EIR
We will incorporate one consolidated set of City comments on the Administrative Final EIR to create the Final EIR.We will provide 25
hard copies and one electronic copy of the Final EIR.
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TASK H. Mitigation Monitoring and Reporting Program
A Mitigation Monitoring and Reporting,Program (MMRP) will be assembled by PlaceWorks team working in close collaboration with
the City,to ensure that procedures are put in place so that the EIR mitigation measures are carried out in an appropriate,timely,and
verifiable manner.The MMRP will be submitted as a draft document to the City and revised for publication with the Final EIR.We will
prepare a total of one(1)electronic copy each of the draft and final MMRP.
TASK 1. Adoption and Certification
PlaceWorks will attend up to ten (10) meetings/workshops/hearings on the proposed Project and prepare up to four(4)staff reports
as outlined below under the subheader Meetings. All staff reports will be submitted in electronic format only. PlaceWorks will also
prepare the Notice of Determination to be submitted to the County Clerk.
PlaceWorks understands the City Council may want to choose a hybrid of the 4 General Plan Land Use Alternatives, including the No
Project alternative.If such a"hybrid selection approach"results from the City Council meeting, PlaceWorks would confirm the selection
is within the analyses included in the Draft EIR.We would prepare a memo identifying if the-selection is within the analyses included in
the Draft EIR or what additional work would need to be done to ensure the selection has been adequately analyzed under CEQA.We
anticipate this could be completed within one week. However, this will need to be determined once the City Council has identified
their selection for approval. If the City Councils decision requires additional work and attendance at additional meetings, we will_re-
quest.a contract modification to cover additional labor costs.
DELIVERABLES
The following products will besubmitted to the City of Cupertino in fulfillment of our proposed scope of work:
♦ TaskA:Project Initiation
• Project Description
• Notice of Preparation
• General Plan Amendment Existing Conditions Reports
• General Plan Amendment Alternatives Assessment
♦ Task D:Administrative Draft EIR
• Two(2)drafts of the Administrative Draft EIR(10 hard copies each)
• Screencheck Draft EIR(10 hard copies—technical team only)
♦ Task E:Draft EIR and Public Review
• Draft EIR(25 hard copies)
• Notices of Completion and Availability
♦ Task F:Administrative Response to Comments and Final EIR
• Administrative Final EIR(10 hard copies—technical team only)
♦ Task G:Final EIR
GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOGATED REZONING EIR 1.Detailed work Plan ®E318 15
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I
• Final EIR(25 hard copies)
♦ Task H:Mitigation Monitoring and Reporting Program
• Draft and Final Mitigation Monitoring and Reporting Program
♦ Task I:Adoption and Certification
• Notice of Determination
MEETINGS
Steve Noack and Terri McCracken of PlaceWorks and Gary Black of Hexagon Transportation Consultants will attend the kick-off meeting
with City staff.
Steve Noack and/or Terri McCracken of PlaceWorks will attend up to ten (10) meetings/workshops/hearings related to the General
Plan Amendment and Housing Element Update as outlined below.Steve Noack and/or Terri McCracken will also participate in up to 30
progress meetings.We assume that these meetings can be done by conference call and will last no more than an average of an hour
and a half.
Steve Noack and/or Terri McCracken of PlaceWorks will attend the following public meetings and hearings for the project:
♦ EIR Scoping Meeting held on March 11,2014.
♦ Community Open House during 45-day DEIR review period tentatively scheduled for June 24,2014.
♦ Planning Commission Study Session on Final EIR tentatively scheduled for August 20, 2014.This staff report will be prepared by
PlaceWorks.
♦ Environmental Review Committee meeting for recommendation on the Final EIR tentatively scheduled for August 21, 2014. No
staff report is required.
♦ City Council Study Session on Final EIR. PlaceWorks will prepare the Staff Report, which will be an update to the previously
prepared Staff Report for the Planning Commission tentatively scheduled for August 20,2014.
♦ Planning Commission hearing for Final EIR certification recommendation EIR and GP&HE recommendation tentatively scheduled
for September 3,2014. PlaceWorks will prepare the Staff Report.
♦ City Council Study Session on adoption and certification hearing of Final EIR tentatively scheduled for September 23,2014.Place-
Works will prepare the Staff Report.
♦ City Council hearing on GPA tentatively scheduled for October 7,2014.
♦ Planning Commission hearing on Housing Element Update tentatively scheduled for February 15,2015.
♦ City Council Hearing on Housing Element Update tentatively scheduled for March 17,2015:
Hexagon will attend seven meetings:one open house meeting, one EIR Scoping meeting, a joint Planning Commission/City Council
Study Session, two Planning Commission meetings and two City Council meetings. Hex6agon will also prepare graphics, slides, and
tables required for the meetings.Attendance of additional meetings will require written authorization and additional budget.
GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOCIATED REZONING EIR
I.Detailed Work Plan 11111130 16
CITY OF CUPERTINO
SCHEDULE
We understand City's desire to have the EIR certified by August 2014. PlaceWorks'proposed schedule for completion of the EIR is de-
pendent on all other aspects of the General Plan Amendment and Housing Element Update staying on schedule. Based on this condi-
tion,we anticipate that the EIR can be completed by within a minimum 9-month time period beginning in February 2014,and ending
in October 2014.
PlaceWorks has a strong track record in meeting project schedules and coordinating closely with its clients. Over years of managing
projects similar to the General Plan Amendment and Rezoning EIR,we have developed a variety of tools to keep projects on schedule
and ensure that staff are well informed at all times:
♦ We maintain an up-to-date schedule throughout the project,to ensure that all team members are aware of upcoming meetings
and product due dates.
♦ We stay in close,regular contact with staff and our subconsultants and document important decisions about the project in writing,
which ensures that decisions are understood by all team mE!mbers.
♦ We schedule project due dates for staff and subconsultants with adequate time for editing and formatting into finished reports.
GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOCIATED REZONING EIR 1.Detailed WOfC PIdO 111111130 17
CITY OF CUPERTINO
CHAPTER 2:
COST PROPOSAL
As shown in Table 1,the estimated cost to complete the scope of work described in this proposal is$51.8,283 This cost is based on an as-
sumption that the EIR will include an analysis of the General Plan Amendment, Housing Element Update and Associated Rezoning. As
shown in Table 2,the revised cost reflects an increase of$150,625. This cost reflects the additional tasks identified below.
Note that this cost does not include the cost to the City to purchase the VTA model,which would be$1.5,000,payable directly to VTA.
The billing rates for each team member are included in the cost tables,which also show allocations of hours and personnel. Our current
overhead rate is 195 percent and the fee is 10 percent.
PlaceWorks bills for its work on a time-and-materials(T&M)basis with monthly invoices.
Additional meeting attendance would be billed on a T&M basis,and would typically cost$800/meeting).
ADDITIONAL COSTS
BRT Technical Memo Task B.13.a
♦ The additional cost for Hexagon to prepare a separate quantitative technical memorandum to review the impacts of the Stevens Creek
BRT project in relationship to,the project components identified under Task A.3 above will be up to$12,000.
Micro-simulation analysis of traffic operations on Wolfe Road between Homestead Road and Stevens
Creek Boulevard Task B.13.b
♦ The additional cost for Hexagon to prepare a micro-simulation analysis(using VISSIM)will be up to$30,0,00.
♦ If determined that the existing VISSIM files cannot be used for the analysis of the general plan conditions,the micro=simulation analysis
will be done using Synch ro/Simtraffic software. Hexagon will need to code the roadway network from scratch and calibrate it to the
traffic conditions presented in the Apple Campus EIR with the build-out of the Apple campus in order to develop a baseline conditions
network.This network will be used for analyzing the general plan no build and build out conditions. The additional cost for this analysis
(using Synchro/SimTraffic)will be up to$45,000.
Alternatives Task C
♦ The cost for Air Quality and Greenhouse Gas modeling,analysis and technical appendix.preparation will be up to$5,000 per alternative,
for a total cost of$15,000.
♦ The cost for Noise and Vibration modeling,analysis and technical appendix preparation will be up to$4,200 per.alternative,for a total
cost of$12,600.
♦ The cost for wastewater, water supply, and gas and electric service analysis will be up to $5,000 per alternative, for a total cost of
$10,000.
GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE,AND"ASSOCIATED REzONING EIR 4.Cost Proposal ■®MI 18
COY OF.CUPERTINO
Preparation of Staff Reports
♦ The additional cost to prepare four(4)staff reports identified under the subheader Meetings above will be up to$7,680.
Response to Comments on Draft EIR Under Task F.
♦ The additional cost to include an additional 20 hour of PlaceWorks'staff time to respond to comments on the Draft EIR will be$2,500.
r
ASSUMPTIONS
This scope of work and cost estimate assumes that:
♦ All environmental analysis will be done at a programmatic level.To the degree that a quantitative analysis is possible,quantitative anal-
ysis will be provided rather than qualitative. However,some analysis in the Draft EIR will be qualitative. For example,the evaluation of
aesthetics or land use policy consistency is not always quantified;therefore,these types of analyses will be qualitative and not quantita-
tive.
♦ Billing rates for this project are guaranteed through June 31,2014. Billing rates would be subject to an increase of up to 6 percent on
July 1,2015,and in each subsequent year thereafter.A budget increase would be necessary to cover costs incurred after July 1,2015.
♦ Our cost estimate includes the meetings listed above. Additional meetings would be billed on a time-and-materials basis. Terri
McCracken will attend all project meetings and Steve Noack will attend all hearings. Hexagon Transportation Consultants will attend the
kick-off meeting for the project.
♦ No more than 80 hours of PlaceWorks'staff time will be required to respond to comments on the Draft EIR.
♦ All products will be submitted to City of Cupertino in electronic(PDF)format,except for printed copies that are specifically identified in
Chapter 2.This is an allowance only, based on the numbers of products and copies shown in Chapter 2. If this allowance is exceeded,
Additional printing costs will be billed at PlaceWorks'actual cost.
♦ City of Cupertino staff will be responsible for meeting logistics, including schedule coordination, printing notices, mailing costs, room
reservations,room set-up and take-down,and refreshments.
♦ This scope of work includes a printing allowance of$1,200 for large format maps and other presentation materials for public meetings.
If this allowance is exceeded,additional costs will be billed at PlaceWorks'actual Cost.
GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOCIATED REZONING.EIR 4.Cost,Proposal ®®M 19
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