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CC Resolution No. 99-209RESOLUTION NO. 99-209 RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PAYMENT OF COSTS BETWEEN THE CITY, THE CUPERTINO REDEVELOPMENT AGENCY, AND JG CUPERTINO LLC WHEREAS, the City Council of the City of Cupertino (the "City"), acting pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.), has activated the Cupertino Redevelopment Agency (the "Agency") and has declared itself to constitute the Agency by Ordinance No. 1421, adopted on June 1, 1987; and WHEREAS, JG Cupertino LLC is the owner (the "Owner") of certain real property located within the City of Cupertino, County of Santa Clara, State of California, known as the Vallco Fashion Park Shopping Center (the "Vallco Fashion Park"); and WHEREAS, as the largest shopping center in the City of Cupertino, Vallco Fashion Park is an important source of sales tax revenue for the City and an important provider of retail services to the City's residents; and WHEREAS, in January 1999, a Preliminary Feasibility Study prepared for the City and the Agency and paid for by the Owner concluded that Vallco Fashion Park is in a state of decline and that redevelopment of Vallco Fashion Park should be pursued; and WHEREAS, the Owner has indicated that, in order to reverse the center's current declining trend and once again make Vallco Fashion Park economically viable and competitive, it will be necessary to undertake a major renovation and expansion of the center, such renovation and expansion being key to the attraction of one or more new major department stores and the retention of existing tenants; however, given the high cost of needed improvements, the Owner is unable to accomplish the needed revitalization, despite its desire to do so; and WHEREAS, the Owner has requested that the City consider redevelopment as a means of assisting the revitalization of Vallco Fashion Park and has offered to pay the costs required to undertake the actions leading to adoption of a redevelopment project encompassing Vallco Fashion Park; and WHEREAS, because of the importance of Vallco Fashion Park to the community, the City and the Agency desire to enter into an agreement with the Owner pursuant to which (1) the City and the Agency will proceed with actions leading to the consideration of a redevelopment plan for adoption by the City Council and (2) the Owner will pay for the costs of the required Consultant services; NOW, THEREFORE, BE IT RESOLVED BY THE CUPERTINO CiTY COUNCIL AS FOLLOWS: Section 1. The "Agreement for Payment of Costs" between the Cupertino Redev~ Agency, the City of Cupertino and JG Cupertino LLC in the form attached to this resolution and incorporated herein by this reference, is hereby approved. Section 2. The City Manager is hereby authorized and directed to execute the Agreemen--'~fit-T6F-Payment of Costs on behalf of the City, and to execute such other documents and take such other actions as necessary to carry out and implement the obligations of the Agency thereunder. PASSED AND ADOPTED at a regular meeting of the Cupertino City Council this 19th day of July, 1999, by the following vote: Vote AYES: NOES: None ABSENT: None ABSTAIN: None Members of the City Council Bumett, Chang, James, Statton, Dean ATTEST: APPROVED: Mayor Cupertirjlo City Counc CUP/AgmtPymtCosts 2 7/20/99 AGREEMENT FOR PAYMENT OF COSTS This Agreement for Payment of Costs (the "Agreement") is made and entered into this day of 1999, by and between the City of Cupert no, a municipal corporation (the "C ty') the Cupertino Redevelopment Agency, a public body, corporate and politic (the "Agency"), and JG Cupertino LLC, an Ohio Limited Liability Company (the "Owner"). Recitals A. The Owner is the owner of an interest in certain real property located in the City of Cupertino, County of Santa Clam, State of California, known as the Valico Fashion Park Shopping Center ("Vallco Fashion Park"). B. Vallco Fashion Park is the largest shopping center in the City of Cupertino. It is an important soume of sales tax revenue for the City and an important provider of retail services to the City's residents. For a number of years, the City has been concerned that Vallco Fashion Park is in a state of decline, suffering from physical and economic obsolescence. In 1997, the previous owners of the center lost it to foreclosure. The Owner has indicated that, in order to reverse the center's current declining trend and once again make Vallco Fashion Park economically viable and competitive, it will be necessary to undertake a major renovation and expansion of the center to add one or more new major department stores. However, given the high cost of needed improvements, the Owner is unable to accomplish the needed revitalization, despite its desire to do so. As a result, the Owner has requested that the City consider redevelopment as a means of assisting the revitalization of the center. C. In November 1998, at the cost and expense of the Owner, the City commissioned a preliminary feasibility study to evaluate the feasibility of redevelopment of Yallco Fashion Park in accordance with the requirements and authority of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.). The Preliminary Feasibility Study was completed in January 1999 by Keyser Marston Associates, Inc., and concluded that the redevelopment of Vallco Fashion Park should be pursued. D. The Owner has now offered to pay the costs associated with undertaking the process for the adoption of a redevelopment project encompassing Vallco Fashion Park, and the City and the Agency desire to proceed with actions leading to the consideration of such a redevelopment project. CU P/AgmtPymtCosts 7/15/99 Agreements NOW, THEREFORE, in consideration of their mutual promises and subject to the terms, provisions and conditions hereinafter set forth, the parties hereto agree as follows: Section 1. Payment of Costs In accordance with the terms and conditions of this Agreement as hereinafter set forth, the Owner agrees to pay for the services of certain consultants to the City and Agency (the "Consultants") whose services are required to undertake the actions required for the adoption of a redevelopment plan (the "Redevelopment Plan") for a redevelopment project encompassing Vallco Fashion Park (the "Project Area"). The identity of the Consultants and the scope of such work is delineated in Exhibit A, attached hereto and incorporated herein by this reference, and is currently estimated to be a total of ONE HUNDRED FIFTY-FOUR THOUSAND TWO HUNDRED DOLLARS ($154,200). Neither the City nor the Agency warrant that the total sum specified above is sufficient to complete all Consultant services necessary for the completion of the Redevelopment Plan, an Environmental Impact Report ("EIR") pertaining thereto and related activities. The Owner agrees that such total sum represents the current best estimates of such costs. The City and the Agency shall have full discretion to administer the services of Consultants and to accept and utilize the results of such services. 'The City and the Agency shall use their good faith best efforts to supervise the Consultants so that the work is completed within a time period which would enable consideration of the Redevelopment Plan for adoption in February 1999. Section 2. Method of Payment of Costs The City shall bill the Owner monthly for the costs of services performed by the Consultants during the preceding month. The monthly billing from the City shall include copies of all invoices received by the City from the Consultants. The Owner shall pay each billing from the City within thirty (30) days of receipt. A charge of 1% per month will be added to all past due amounts. Section 3. Performance by City/Agency Provided the Owner makes the payments required under this Agreement, the City and Agency agree: (a) To use their best efforts to prepare a proposed Redevelopment Plan and complete an EIR thereon pursuant to the schedule of activities attached hereto and incorporated herein as Exhibit B for consideration by the City Council and Redevelopment Agency Board at a joint public hearing to be held in February 2000. CU P/AgmtPymtCosts 2 7/15/99 (b) To allow the Owner to participate in the preparation of the Redevelopment Plan. As of the date of this Agreement, the Agency has not made any determination concerning the contents of such Plan. The Agency agrees to consider suggestions from the Owner concerning the contents of such Plan and alternatives thereto; reserving, however, the full discretion of the Agency and City with respect to the contents, processing and adoption of the Redevelopment Plan. (c) To negotiate in good faith with the Owner the terms of an owner participation agreement providin.g for the redevelopment of the Project Area if a Redevelopment Plan ~s adopted. As part of such an owner participation agreement, the Agency may agree to utilize tax increment revenues received by the Agency from the Project Area to assist with eligible costs. Section 4. Owner's Supply of Information. Upon the City's or Agency's request, the Owner shall supply such data and information as is available to the Owner and needed in order to determine the scope of the proposed redevelopment of the Project Area and the impact thereof on the environment and to otherwise assist in the preparation of the Redevelopment Plan and EIR. Section 5. Reservation of Discretion Nothing in this Agreement shall be construed to mean that the City or the Agency has made or is making any covenants, promises or predeterminations to adopt or implement the Redevelopment Plan. The parties understand that the City's and Agency's jurisdiction over, and ability to act with respect to, the implementation of a Redevelopment Plan are defined and limited by the provisions of the California Community Redevelopment Law and require independent action by the City Planning Commission, the Redevelopment Agency Board and the City Council in the selection of an appropr ate and elig b e project area, the formulation of Owner Participation Rules and the due adoption of Redevelopment Plan provisions with respect to sa d project area, in the sole judgment and determination of the City Council, to the extent of the law, after hearings and findings as required by the California Community Redevelopment Law. The parties further understand that the City and Agency are not making any covenants, promises or predeterminations to enter into an owner participation agreement with the Owner or to provide any specific financial or other assistance in connect on with the redevelopment of the Owner's real property, and that the City and Agency reserve full discretion with respect to the consideration and approval of such an owner participation agreement after any hearings and findings required by the California Community Redevelopment Law or other applicable laws and regulations. Section 6. No Third Party Beneficiary This Agreement is not intended nor shall it be construed to create any third party beneficiary rights in any person or entity other than the City, the Agency and the Owner. CUP/AgmtPymtCosts 3 , 7/15/99 Section 7. Amendments Any amendments to this Agreement shall be in writing approved by the City, the Agency and the Owner. The parties agree to consider in good faith reasonable requests for amendments of this Agreement arising out of unforeseen or changed circumstances or the evolving nature of the project. Section 8. Notices Notices to the parties hereunder shall be in writing and shall be deemed received upon personal de very or upon delivery by facsimile to the party to whom the notice is directed, or, if sent by mail, three (3) business days following its deposit in the United States mail, postage prepaid, certified mail, return receipt requested, or, if sent by Federal Express or other reliable overnight air courier, on the next business day following dispatch, and in any of such events addressed to the parties at the addresses set forth below (or such other address as a party may specify by notice given pursuant to this Section 7): City and Agency: Donald D. Brown City Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Owner: cio The Richard E. Jacobs Group, Inc. 25425 Center Ridge Road Cleveland, OH 44145-4122 Attention: James F. Eppele Vice President With a copy to: The Richard E. Jacobs Group, Inc. 25425 Center Ridge Road Cleveland, Ohio 44145-4122 Attention: General Counsel CUP/AgmtPymtCosts 4 7/15/99 Section 9. Suspension of Consultant Services; Termination of Agreement In the event the Owner fails to make any payment required under this Agreement at the time such payment is due, the City Manager shall have the authority to suspend the work of the Consultants until such payment is received. Further, in the event any payment from the Owner is past due for a period of thirty (30) days or more, the City Manager shall have the authority to terminate this Agreement on behalf of the City and Agency. The Owner shall have the right to terminate this Agreement for any reason by giving thirty (30) days written notice to the City and Agency. In such event, the City shall be paid for all work performed by the Consultants up to the effective date of termination of this Agreement. Upon receipt of notice of termination from Owner, the City and Agency shall cause the Consultants to cease work as soon as practicable. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF CUPERTINO By: Donald D. Brown, City Manager CUPERTINO REDEVELOPMENT AGENCY By: Donald D. Brown, Executive Director JG CUPERTINO LLC By: Its By: Its CUP/AgmtPymtCosts 5 7/15/99 Redevelopment Plan Adoption Proposal The City of Cupertino Proposed Vallco Fashion Park Redevelopment Project Area Scope of Services and Cost Estimate Keyser Marston Associates, Inc. Introduction and Background The City of Cupertino is considering adopting a redevelopment project and has requested the plan adoption services of Keyser Marston Associates, Inc. (KMA) to assist with the proposed plan adoption of Vallco Fashion Park. The proposed Project Area is limited to the existing shopping center and the "rose bowl" site. KMA proposes to complete the scope of services within a 6-month time perio(J With a target adoption date of December 1999. However, the ability to adopt the plan within this timeframe will depend in large part on the Env~i?nmental impact Report schedule. It is KMA's understanding that Vallco Fashion Park has experienced a decline in retail activity, with private sector attempts to revitalize the shopping center proving to be unsuccessful. Upon initial review by KMA of the proposed redevelopment Project Area, the shopping center was found to exhibit a number of factors that contribute to blight. Vallco Fashion Park is characterized by buildings that are functionally obsolete. Many of the retail spaces and layout- within the shopping center do not meet the needs of modern retail uses. Additionally, multiple parcels under multiple ownerships, a condition that would likely inhibit retail development, also characterize the shopping center. Compounding these issues is the City's concern over the loss of sales tax revenues to nearby competing malls. It is the City's intent to use redevelopment as a tool to help alleviate these blighting conditions and to facilitate private sector development within the proposed Project Area. ~ · The Keyser Marston approach to the work effort will be to provide a strong team of redevelopment specialists to work closely with City staff to ensure that all analyses and work products comply with the requirements of the California Community Redevelopment Law ("CRL"). As requested, we have'assembled a team to provide plan adoption services for this project which includes, in addition to KMA, Nicole Murphy, Esq., who will provide redevelopment legal counsel and Wagstaff Associates, who will provide environmental review services. KMA has worked closely with Ms. Murphy and Wagstaff Associates in many plan adoptions. One of the hallmarks of KMA's excellent level of service is the close involvement of the principals of the firm in all aspects of a project. The Principal-in-Charge, Martha Packard, will work closely with KMA staff, -City staff and redevelopment legal counsel to ensure that work efforts are thorough and completed according to the schedule, 99900\900a-796.doc Page 1 The KMA team project manager will be responsible for overall coordination of the work assignments within the firm, Agency staff, legal counsel, and EIR amendments that have a role in the redevelopment process. The project manager will communicate regularly with other team members and City-staff as to the status of the work efforts. Within'the framework of KMA's understanding of the project, the scope of services for the plan adoption of the proposed Vallco Fashion Park Project Area is divided into two general service areas: (A) Document Preparation and (B) Administrative/Advisory Services. Each service area is further divided into distinct tasks. A. Document Preparation 1. Schedule of Actions KMA will prepare a master plan adoption schedule for the:project, incorporating all actions involved in the legal and administrative process of adopting a redevelopment plan (including the EIR). The schedule will list specific actions, responsible parties, scheduled date§-for completion, and review time. The schedule will be updated as necessary during the process. This scope of services assumes that the adoption process will be completed within a 6-month period. Estimated KMA Cost: $2,000 2. Preliminary Plan KMA will prepare a draft and final of the Preliminary Plan on the redevelopment project. The Preliminary Plan is prepared in accordance with Section 33324 of the Community Redevelopment Law and includes a description of the proposed project area; a general statement of the land uses, layout of principal streets, population densities, and building intensities and standards; a discussion of h°w the purposes of the CRL would be served by redevelopment of the project area; a description of the proposed redevelopment's conformity to the General Plan of the City; a discussion of the general neighborhood impact of the proposed redevelopment project, and a map of the proposed project. Estimated KMA Cost: $2,000 3. Taxing Agency Identification and Preparation of 33327 Notices KMA will identify the taxing entities that levy a tax within the boundaries of the proposed Vallco Fashion Park Redevelopment Project Area. KMA will also prepare the notices and letters to be sent to the State Board of Equalization, Santa Clara County officials, and affected taxing entities pursuant to Section 33327 of the CRL. A map meeting the requirements of the State Board of 99900\900a-796.doc Page 2 Equalization (SBE) and a legal description must be prepared for these notices. KMA is available to help coordinate these products with the City Engineer. Estimated KMA CostL $2,000 4, Pr~im!nary Report KMA will prepare one draft and one final version of the Preliminary Report for the proposed redevelopment project. The Preliminary Report will be prepared in accordance with the requirements of Section 33344.5 of the CRL. Information gathered for the Feasibility Study will be incorporated into the Preliminary Report. The Preliminary Report will include the following information: · The reasons for s_electing the project area · A description of the physical and economic conditions:in the project area · An analysis of urbanization · Identification of projects and programs proposed by the Agency · The blight alleviation effects of the proposed projects and programs · The proposed method of financing the redevelopment plan To date, KMA has completed sections of the Preliminary Report relating to: reasons for selecting the project area; physical and economic conditions in the area; and projects and programs proposed by the Agency. However, KMA will need to update the retail sales, vacancy levels and assessed values gathered for the Feasibility Report prior to incorporating figures into the Preliminary Report. KMA will analyze the financial feasibility of the plan adoption based upon a determination of anticipated expenditures and a projection of potential financing sources, including tax increment revenues (as projected by KMA), for implementation of a specific public-private redevelopment program. Given that the properb] owner is*appealing the current tax assessment, KMA will initially project the property tax increment under two scenarios: (1) assuming that the assessment appeal is successful and that the reduction is reflected in the project area's base year value; and (2) assuming that the assessment appeal is successful but that the reduced value is not reflected in the project area's base year value. Once an agreement has been reached with the assessor, KMA will prepare a third tax increment projection which reflects the negotiated base year value. 99900\900a-796.doc Page 3 KMA will prepare a projection of the project area's expenditures. Anticipated expenditures may include estimated costs for identified projects and redevelopment public participation efforts. To the extent available, existing plans for capital facility and infrastructure improvements will be reviewed and estimated costs for necessary, or planned public improvements will be derived frqm available studies and conversations with staff. Administration costs will be projected by KMA. - Estimated KMA Cost: $33,000 5. Report to City Council KMA will prepare one draft and one final version of the Report to City Council for the proposed redevelopment project. The Report to City Council will be prepared in accordance with the requirements of the Section 33352 of the CRL and will incorporate the evidence from which the City Council will make-certain findings Upon adoption of the redevelopment plan. The Report to City Council will also contain a summation of the processes followed in adoption.the redevelopment plan as required in the CRL, and the information contained in the'Preliminary Report in addition to the following: · The five-yearimplementation plan · An explanation of why redevelopment cannot be accomplished by the other government activities or the private sector acting alone · An analysis of the preliminary plan · The EIR(byreference) · The report and recommendation of the planning commission · A summary record of the project area committee and/or consultations with residents, community organizations, and others · The report of the county fiscal officer (base year report) and an analysis thereof · The summary of consultations with affected taxing entities Because of the nature of the assignment, the Report to Council will also include a detailed analysis demonstrating the inability of the private sector to act alone in alleviating blight. Estimated KMA Cost: $20,000 TOTAL TASK A ESTIMATED COST: $59,000 99900\900a-796,doc Page 4 B. Administration/Advisory Services 1. Advisory Services KMA will be available to provide advisory services not included in the above tasks on an as- needed basis; Examples of such services may include: Consultation with affected taxing entities Preparation of materials requested by affected tax entities · Attendance of Joint Public Hearing Post-adoption materials for filing with Santa Clara County officials and State Board of Equalization 2. Schedule Monitoring KMA will plan a principal role in assuring that plan adoption actions are completed on time to achieve a target adoption date. KMA will also consider the role of responsible parties in fulfilling timely information requests. KMA will also monitor any other related process associated with plan adoption such as the environmental review process. 3. Coordination/Management KMA will provide on-going coordination of plan adoption activities with Agency staff, other consultants, and outside contacts. Services will include budget monitoring, maintaining contacts and referrals, maintaining a record of plan adoption actions, and other similar services not included in tasks otherwise described in this scope of services. ESTIMATED COST: Time and materials not to exceed $10,000~W~ithout your' TOTAL TASK B authorization C. Contingency KMA recommends that a 15% contingency be set aside for additional services that may be required but not currently anticipated. These services could include attendance at additional public meetings or hearings; providing written responses to comments of owners and their advisors, the county and other interested parties; coordination with the Jacobs Group; or the review of documents prepared by others as part of the redevelopment plan adoption process. KMA Estimated Cost: $10,650 99900\900a-796.doc Page 5 D. Redevelopment Legal Counsel Legal services to the City would generally consist of: consultation and advice concerning all procedural and substantive matters related to the formation of a redevelopment project area; the preparation of required legal documents; the review of evidentiary documents for legal adequacy; attendance at staff and consultant meetings and at City Council, Redevelopment Agency and Planning Commission meetings, as necessary and desirable; the preparation of such other documents or the performance of such other actions as may be necessary and requested by the City; and consultations regarding Dispbsition and/or Owner Participation Agreements. The required legal documents which would be prepared include: The ordinance establishing the Redevelopment Agency; The organizational documents for the Agency, such a~ Bylaws, Personnel Rules, Conflict of Interest Codes, EIR Procedures, Relocation Rules, Cooperation Agreement With the City, and resolutions adopting these documents; · The resolution designating the redevelopment survey area; · The Redevelopment Plan and Owner Participation Rules; · The public hearing notice and letters to property owners, residents, businesses and taxing agencies; The resolutions of the Agency, City Council and Planning Commission approving various reports and authorizing the mailing of notices and/or submittal of documents throughout the redevelopment plan adoption process; and · The ordinance approving and adopting the redevelopment plan. Estimated Legal Services Cost: $20,000 E. Expenses The scope of services includes expenses associated with the above terms. Expenses are expected to include travel, report preparation, photographs, data service, mapping and graphics. KMA Estimated Cost: $1,500 99900\900a-796,doc Page 6 The cost for the services described in this scope is as follows: Task A Task B Document Preparation Administration/Advisory Services/Time and Materials Contingency Expenses Total Estimated KMA Costs Legal Services EIR (proposal attached Total Plan Adoption $59,000 $10,000 $10,050 $1.500 $81,150 20,000 53,050 $154,200 99900\900a-796.doc Page 7 Wagstaff and Associates Urban and Environmental Planning 2512 Ninth Street, Suite S Berkeley, California-94Tl 0 (510) 540-0303 FAX(S10) 540-4788 June 8,1999 Mr, Don Brown City Manager City of Cupertino 10300 Torve Avenue Cupertino, Califor_nia 95014 RE: PROPOSAL FOR SERVICES TO PREPARE A PROGRAM ENVIRONMENTALIMPACT REPORT FOR THE PROPOSED VAELCO FASHION PARK REDEVELOPMENT PROJECT Dear Mr. Brown: At the request of Martha Packard at Keyser Marston Associates, we have prepared the attached proposed for services to prepare a program environmental impact report ("program EIR") for the Vallco Fashion Mall Redevelopment project. in October 1998, our office submitted a letter of interest in completing the environmental documentation component of the Vallco redevelopment program. At that time, either a mitigated negative declaration (MND) or program EIR were being contemplated. Since then, we understand from the redevelopment consultant's legal counsel that a program EIR is the preferred approach. We have prepared similar program EIRs for over 20 redevelopment plans in California over the last feW~,ears. Some of these efforts began as MNDs; virtually all ended up as program EIRs. The EIR work scope described in our attached proposal has been designed to provide the documentation necessary to achieve redevelopment program compliance with all applicable state redevelopment law and California Environmental Quality Act (CEQA) environmental review requirements, while keeping the EIR scope and budget within reasonable bounds. We believe that the community-wide environmental data base already developed by the City in completing its 1993 Cupertino General Plan Update Master EIR still provides a useful background data base, providing significant efficiencies for preparation of the Vallco Fashion Park Redevelopment Plan EIR. In addition, we expect that the applicant-commissioned traffic analysis currently being completed for this project by Fehr & Peers, Inc., under City staff supervision, can be readily incorporated into the EIR. Mr. Don Brown June 8, 1999 Page 2 We also understand that the City may be undertaking a review and update of its General Plan and associated Master EIR in the near future. In this light, the Vallco EIR studies wO'uld be designed to be readily incorporated into the broader, community- wide General Plan Master EIR update effort. As we indicated in our October 1, 1998 letter, we are particularly interested in this Vallco Fashion Park Redevelopment Plan EIR prospect for a number of reasons: 1. Redevelopment Project CEQA Experience. The project would benefit from our extensive experience in preparing CEQ^ documentation for similar redevelopment programs. Our office has successfully prepared EIRs for 20 recent California redevelopment plans, in the last 12 months, we have completed EIRs for redevelopment programs ir~ Sunnyvale, Hayward, Citrus Heights, Fremont, Redwood City, and Redding. We are currently completing the EIR for the Sonoma County Community Development Commission's Russian River Corridor Redevelopment Plan. 2. Regional Shopping Center Renovation and Multi-screen Cinema CEQA Experience. The project would also benefit from our recent experience preparing EIRs for numerous regional and shopping center renovation projects, and for four multi-screen cinemas. In May of this year, our office completed an EIR for the Sunnyvale Town Center Redevelopment Project, a similar redevelopment agency assisted modification and expansion of the existing Sunnyvale Town Center Mall complex to incorporate a new multi-screen cinema and other updated uses (the Final EIR certified by the City on March 12, 1999). We also recently prepared the EIR for The Great Mall of the Bay Area in Milpitas, as well as a follow-up supplemental EIR for proposed modifications to that complex, including introduction of a 3,866-seat, 20- screen cinema. In 1998 we completed the EIR for the Sierra Vista Regional Shopping Center Expansion in Clovis, California, which included a 5,100-seat multi-screen cinema. In 1997, we completed the EIR for a large, mixed-use project at the- Del Norte BART Station in El Cerrito, which included a 3,686-seat, 20-screen cinema component. 3. Management Skills and Qualifications of Key Staff. Wagstaff and Associates key staff are well-qualified to manage.a project of this scope. John Wagstaff, who would perform as Principal-in-Charge, is a graduate architect with a Masters of Urban and Regional Planning degree from the University of Oregon and over 28 years of professional experience with project team assembly and management. He was Principal-in-Charge on all of the similar redevelopment and shopping center EIRs described in this proposal, and has managed numerous similar program and project- specific EIR efforts throughout the state. Donald Dean, Senior Planner, would perform as Project Manager, has a Master of City Planning degree from the University of California, Berkeley and 14 years of Mr. Don Brown June 8, 1999 Page 3 professional planning experience. At Wagstaff and Associates, Mr. Dean was recent Project Manager for the Fremont Redevelopment Plan Amendment and Merger EIR, the Citrus Hei.~ht§ Commercial Corrido¢'Redevelopment Plan EIR, the San Ramon City Cecter Environmental Assessment project, and the Buckeye Redevelopment Proqram EIR (Redding). 4. Proven Performance Record. Our impact assessment and planning products are known for their thoroughness, clear and concise writing style, and effective graphic techniques. Our strengths in public presentation are also proven. For redevelopment projects in particular, the ability to clearly explain and defend the impact assessment methodology can be critical in achieving program approval. These qualities have resulted in a high level of client satisfaction and repeat business for our office. 5. General CEQA Expertise. Wagstaff and Associates has 20 years of experience in preparing defensible environmental documentation for large and controversial projects throughout northern California. Many have involved highly sensitive sites and been subject to high levels of scrutiny from the general public and interested agencies. None of our EIR products has been successfully challenged in court. This EIR proposal includes a preliminary work scope, budget, and time schedule that is certainly open to modification. We have enclosed one relevant Wagstaff and Associates work example, the Sunnyvale Town Center Mall Modifications EIR, for City/Agency review. Please return this document at your convenience. We appreciate the opportunity to submit this proposal. Feel free to contact us if you have any questions or additional information needs. Sincerely, ASSOCIA.'I'ES JW :sr\9828 Enclosure: Proposal for Services cc: Martha Packard; Keyser Marston Associates, Inc. ? PROPOSAL FOR SERVICES TO THE CITY OF CUPERTINO - ENVIRONMENTAL IMPACT REPORT FOR THE VALLCO FASHION PARK REDEVELOPMENT PLAN Submitted by WAGSTAFF AND ASSOCIATES Urban and Environmental Planners in Association with Fehr & Peers Associates, Inc., Transportation Consultants Illingworth & Rodkin, Inc., Noise Quality Consultants Donald Ballanti, Air Quality Management Consultant June 8, 1999 WP51 t982819828-~0 V. CON Wagstaff and Associates Urban and Environmental Planning 2512 Ninth Street, Suite 5 Berkeley, California 94710 (510) 540-0303 FAX (510) 540-4788 June 8.1999 Mr. Don Brown City Manager City of Cupertino 10300 Torve Avenue Cupertin(~, California 95014 RE: PROPOSAL FOR SERVICES TO PREPARE A PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED VALLCO FASHION PARK REDEVELOPMENT PROJECT Dear Mr. Brown: At the request of Martha Packard at Keyser Marston Associates, we have prepared the attached proposed for services to prepare a program environmental impact report ("program EIR") for the Vallco Fashion Mall Redevelopment project. In October 1998, our office submitted a letter of interest in completing the environmental documentation component of the Vallco redevelopment program.. At that time, ~ither a mitigated negative declaration (MND) or program EIR were being contemplated. Since then, we understand from the redeve_lopment consultant's legal counsel that a program EIR is the prefe_rred approach: We h~.ve pr~,pared similar program EIRs for o~br 20 redevelopment plans in California over the last few years. Some of these efforts began as MNDs; virtually all ended up as program EIRs. The EIR work scope described in our attached proposal has been designed to provide the documentation necessary to achieve redevelopment program compliance with all applicable state redevelopment law and California Environmental Quality Act (CEQA) environmental review requirements, while keeping the EIR scope and budget within reasonable bounds. We believe that the community-wide environmental data base already developed by the City in completipg its 1993 Cupertino General Plan Updale Master EIR still provides a useful background data base, providing significant efficiencies for preparation of the Vallco Fashion Park Redevelopment'Plan EIR. In addition, we expect that the applicant-commissioned traffic analysis currently being completed for this project by Fehr & Peers, Inc., under City staff supervision, can be readily incorporated into the EIR. ~ Mr. Oon Brown June 8, 1999 Page 2 We also understand that the City may be undertaking a review and update of its General Plan and associated Master EIR in the near future. In this light, the Vallco EIR studies would be designed to be readily incorporated into the broader, community- wide General Plan Master EIR update effort. As we indicated in our October 1, 1998 letter, we are particularly interested in this Vallco Fashion Park Redevelopment Plan EIR prospect for a number of reasons: 1. Redevelopment Project CEQA Experience. The project would benefit from our extensive experience in preparing CEQA documentation for similar redevelopment programs. Our office has successfully prepared EIRs for 20 recent California redevelopment plans, in the last 12 months, we have completed EIRs for redevelopment programs in Sunnyvale, Hayward, Citrus Heights, Fremont, Redwood City, and Redding. We are currently completing the EIR for the Sonoma County Community Development Commission's Russian River Corridor Redevelopment Plan. 2. Regional Shopping Center Renovation and Multi-screen Cinema CEQA Experience. The project would also benefit from our recent experience preparing EIRs for numerous regional and shopping center renovation projects, and for four multi-screen cinemas. In May of this year, our office completed an EIR for the Sunnyvale Town Center Redevelopment Project, a similar redevelopment agency assisted modification and expansion of the existing Sunnyvale Town Center Mall complex to incorporate a new multi-screen cinema and other updated uses (the Final EIR certified by the City on March 12, 1999). We also recently prepared the EIR for The Great Mall of the Bay Area in Milpitas, as well as a follow-up supplemental EIR for proposed-modifications to that complex, including introduction of a 3,866-seat, 20- screen cinema. In 1998 we completed the EIR for the Sierra Vista Regional Shopping Center Expansion in Clovis, California,_whicb included a 5,100-sea~ ~ulti-scre(~n cinema. In 1997, wa completed the EIR for a large, mixed-use project at the Del Norte BART Station in El Cerrito, which included a 3,686-seat, 20-screen cinema component. 3. Management Skills and Qualifications of Key Staff. Wagstaff and Associates key staff are well-qualified to manage' a project of this scope. John Wagstaff, who would perform as Principal-in-Charge, is a graduate architect with a Masters of Urt)an and Regional Planning degree from the University of Oregon and over 28 years of professional experience with project team assembly and management. He was Principal-in-Charge on all of the similar r§development and shopping center-EIC{s ,. described in this proposal, and has managed numerous similar program and project- specific EIR efforts throughout the state. - -~ ' '~- Donald Dean, Senior Planner, would pedorm as Project Manager, has a Master of City Planning degree from the University'bf California, Berkeley and 14 years of 1 ! ] I Mr. Don Brown June 8,1999 Page 3 professional planning experience. At Wagstaff and Associates, Mr. Dean was recent Project Manager for the Fremont Redevelopment Plan Amendment and Mer,qe_r EIR, the Citrus Heiqhts Commercial Corridor Redevelopment Plan EIR, the San Ramon City Center Environmental Assessment project, and the Buckeye Redevelopment Pro.qram EIR (Redding). 4. Proven Performance Record. Our impact assessment and planning products are known for their thoroughness, clear and concise writing style, and effective graphic techniques. Our strengths in public presentatiph are also proven. For redevelopment projects in particular, the ability to clearly explain and defend the impact assessment methodology can be critical in achieving program approval. These qualities have resulted in a high level of client satisfaction and repeat business for our office. 5. General CEQA Expertise. Wagstaff and Associates has 20 years of experience in preparing defensible environmental documentation for large and controversial projects throughout northern California. Many have involved highly sensitive sites and been subject to high levels of scrutiny from the general public and interested agencies. None of our EIR products has been successfully challenged in court. This EIR proposal includes a preliminary work scope, budget, and time schedule that is certainly open to modification. We have enclosed one relevant Wagstaff ancJ Associates work example, the Sunnyvale Town Center Mall Modifications EIR, for City/Agency review. Please return this document at your convenience. We appreciate the opportunity to:submit this proposal. Feel free to contact us if you have any questions or additional information_needs: Sincerely, ~~~ h~~ASSOCIATES t John Wagstaff JW :sr~9828 Enclosure: Proposal for Services cc: Martha Packard; Keyser Marston Associates, inc. Wagstaff and Associates City of Cupertino June 8, 1999 ProposAl for Services Vallco Fashion Park Redevelopment Plan EIR Page I CONTENTS i I ] ]- ] I. PROJECT UNDERSTANDING AND EIR APPROACH II. RECOMMENDED WORK SCOPE III. PROPOSED EIR TABLE OF CONTENTS IV. PRODUCTS AND WORK SCHEDULE V. TEAM MANAGEMENT AND KEY PERSONNEL VI, FEE ESTIMATE VII, QUALIFICATIONS OF THE CONSULTANT TEAM VIII.REFERENCES IX, RELEVANT WORK EXPERIENCE X, . RESUMES OF ASSIGNED PERSONNEL Exhibits 1. Estimated Total Contract Fee Pa.qe I--1 I1--1 II1--1 IV--1 V--1 VI--1 VII--1 VIII-~1 IX--1 X--1 WP5119828t9828-C0 V. CON Wagstaff and Associates City of Cupedino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page II WP51 ~9828~9828- CO tL CON Wagstaff and Associates City of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page I--1 I. PROJECT UNDERSTANDING AND EIR APPROACH. A. PROJECT OVERVIEW The Richard E. Jacobs Group, owners of the existing Vallco'Fashion Park shopping cent'er in downtown Cupertino, are proposing to modify and expand the center to increase its competitiveness in today's retail environment. The City of Cupertino Redevelopment Agency is proposing to facilitate the shopping center improvement program through adoption of an 'associated- r~edevelopment plan. The existing shopping center includes: (1) an enclosed approximately 995,830-square-foot enclosed mall with three anchor departmerit stores, a number of secondary mall stores, and an ice rink; (2) approximately 18,460 square feet of fringe commercial development comprised of two sit-down restaurants (El Torrito and TGI Fridays); and (3) an associated parking inventory of surface and "deck" (parking structure) spaces. The proposed shopping center redevelopment plan includes the following modifications and additions to the center: · the addition of two more anchor department stores of 120,000 and 240,000 square feet each to the enclosed central mall area; · the addition of an approximately 2,986-seat multiscreen cinema within the fringe area of the cent-~r; and · associated modifications to the" center's sudace and "deck" parking provisions to provide a total of 5,665 parking spaces (i.e.,-a parAir~§ raiio of' 4.00 cars p~-r 1,000 square feet). Under state redevelopment law, implementation of the Vallco Fashion Park Redevelopment Plan will require the Redevelopment Agency to prepare and adopta series of five documents: (1) a Preliminary Plan, (2) a Preliminary Report, (3) the Redevelopment Plan, (4) an Environmental Impact Report, and (5)~a Final Report. This proposal for services by Wagstaff and Associates describes a recommended work scope, time schedule, and cost estimate for the preparation, processing, and certification of the Environmental Impact Report (EIR) component of the redevelopment program in compliance with CEQA and California . - Community Redevelopment Law (California Health and Safety Code section 3~-333.3~. In addition to the redevelopment plan, implementation of the project may also require City approval of a development agreement amendment, a use permit amendment, and an WP51 t9828t9828- I. PRO Wagstaff and Associates City of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page I--2 associated development plan. The EIR will also be designed to provide the necessary CEQA documentation for all of these anticipated approval requirements. _ B. EIR PREPARATION APPROACH AND OBJECTIVES 1. Proqram EIR Format Following the advice of the redevelopment team le~lal counsel, the Vallco Fashion Park Redevelopment Plan EIR will be prepared as a program EIR under the authority of CEQA Guidelines section 15168; i.e., it will address the aggregate effects of the series of related actions (the "program") that would be facilitated by the redevelopment plan. The program EIR '~will describe-the likely cumulative environmental consequences of full realization of the redevelopment plan goal to foster blight elimination and economic development in the Vallco Fashion Park shopping center precinct, plus any anticipated offsite housing or other improvement programs associated with the.redevelopment program. 2. EIR Scope · It is anticipated that a careful and thorough Initial Study exercise at the outset by the EIR consultant will permit focussing the program EIR on the following specific issues: · land use and visual impacts, · population and housing impacts, · transportation and parking impacts, · public s~rvices impacts (specifically police, fire, and emergency medical services; project impacts on schools, sewer, and water services w!l! prob.ab!y, be determined to be less than significant in the Initial Study); _. - -~ -- · air quality impacts (the anticipated level of growth and associated traffic increment will trigger the need for an air quality impact analysis); and · noise impacts (the projected Vallco redevelopment-related traffic increase along major downtown streets will be sufficient td require a noise impact analysis). Depending upon existing site conditions, the Initial Study may also determine that the proposed Vallco mall and surrounding site modifications warrant evaluation of associated geotechnical, drainage, public health and .safety (hazardous materials), and/or ~-ultural- resources impacts. These particular analysis tasks are therefore identified in this propose~ EIR scope as optional items. ~ WP511982819828-1.PRO Wagstaff and Associates City of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page I-3 3. Use of Exlstlnq Data In preparing the Vallco Fashion Park Redevelopment Plan EiR, Wagstaff and AsSociates will rely on information contained in the 1993 City of Cupertino General Plan Master EIR, and on data from site-specific traffic and other studies currently being or recently conducted by the City. C. SPECIFIC EIR OBJECTIVES The assessment program set forth in this proposal is designed to prepare a program EIR that achieves the following specific objectives: a. Fully informs the Redevelopment Agency, City decision makers, other affected taxing agencies, and the public, of the redevelopment plan program and the environmental consequences if the various proposed redevelopment actions are implemented; b. Provides the CEQA documentation necessary to support full processing of the Vallco Fashion Park redevelopment plan, development agreement amendment, use permit amendment, and development plan; c. Is internally consistent with other relevant redevelopment plan documents (e.g., the Preliminary Plan, Preliminary Report, etc.); d. Makes efficient use of existing background information from the City/Agency and owner/ applicant; e. Provides a comprehensive and~ clear project description, including overall redevelopment plan actions, including anti.~:ipate_d.specific de~elo~3men(.pl.ap char~.cteristics proposed by the Richard E. Jacobs Company, any associated offsite housing or other improvement assistance activities, required jurisdictional approvals, and anticipated implementation timing; f. Describes appropriate significance criteria for each impact section, based on the latest CEQA Guidelines, pertinent City policies, and. common practice; g. Describes the land use and planning issues associated with the project, including project compatibility with internal, adjacent, a. nd surrounding uses; _ h. Describes the visual implications of the project, including potentia~ impacts of the proposed new department store, cinema, and parking structure designs; i. Incorporates~ the current Fehr & Peers, Inc. traffic study to describe the impacts of the project on future transportation, circulation, and parking characteristics in and around the WP51 ~982819828- I. PRO Wagstaff and Associates City of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page I--4 Vallco Fashion Park project area, including impacts due to displacement of existing parking, project-generated traffic increases, evening and weekend traffic generation and parking demands associated with the proposed additional retail and cinema uses, and cinema patron drop-off and pick-up activity along the cinema's Vallco Parking frontage; j. Describes the local and regional air quality impacts associated with project-generated traffic increases, based on the impact assessment guidelines and modeting requirements of the Bay Area Air Quality Management District; k. Describes the noise implications of the project, including the noise effects of project- related traffic volume increases along principal local travel routes; .... I. Describes project and cumulative implications for future public services provisions and needs, including additional demands for police, fire protection, and emergency medical service needs; If determined necessary during the Initial Study process: · Describes the soils and geology impacts of project buildout, including the implications of potential seismic shaking and other geologic and soil factors and constraints; and/or · Describes the public health and safety implications of project buildout, including potentials for construction period expo. sure to hazardous materials and conditions (asbestos, lead, contaminated soils, etc.); and/or · Describes the potential impacts of the project on identified or possible cultural and hls..toric resources underlying or adjacent to the project site; n. Describes the relationship of the proposed project to relevaDt adopted Iocaland regional plans; . - 0. Includes identification and comparative evaluation of a realistic range of project alternatives (to be identified in consultation with City and Agency staff and Keyser Marston), possibly including modifications to the proposed shopping center modifications/expansion program, one or more modified redevelopment area boundary configurations, and/or a modified combination of redevelopmeht actions; p. Recommends a set of realistic mitigation measures as warranted to reduce-or avoid_alL identified adverse impacts; and - - ~ q. Includes an easy-to-use impact and miti~ati-(~n summary table linl~e~l-with codinq to the main EIR text and follow-up Mitigation Monitoring Checklist; WP5119E2819828- I. PRO i I 1 1 1 l Wagstaff and Associates City of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page I--5 r. Provides for City/Agency compliance with state mitigation monitoring requirements (CEQA section 21081.6), including a concise, coded checklist indicating monitoring responsibility, monitoring timing, and implementation verification needs, with codin,q to directly relate the checklist to the EIR and the City's statement of findings. D. SUMMARY OF EIR PREPARATION TASKS AND SCHEDULE Our recommended work program would produce a~ adminis[rative draft EIR in nine weeks (45 working days) following City/Agency authorization to proceed and receipt of all relevant background information; and would consist of the following nine tasks (detailed descriptions of each task are provided in the next section, RECOMMENDED WORK PROGRAM): TASK I. A. B. C. D. E. F. G. INITIAL SCOPING AND PROJECT DESCRIPTION Initial Staff Meeting Public Scoping Meeting (optional) Initial Field Surveys Initial Data Collection and Review Project Description Clarification of Key Issues and Concerns Completion of Initial Study Checklist and NOP TASK II. A. B. C. D. E. F. G. H. h DESCRIPTION OF SETTING, IMPACTS, AND MITIGATIONS Land Use and Planning Visual Factors T~:~ffic, Circulation, and Parking Air Quality .: Noise -. ~ -- -' Public ServiCes Soils and Geology (optional) Public Health and Safety (optional) Cultural and Historic Resources (optional) TASK Ill. A. B. RELATIONSHIP TO LOCAL AND REGIONAL PLANS City of Cupertino General Plan Pertinent Regional Plans TASK IV. CEQA-REQUIRED ASSESSMENT CONSIDERATIONS A. Growth-Inducing Effects B. Unavoidable Adverse Effects C. Irreversible Environmental Changes WP511982819828-1. PRO Wagstaff and Associates City of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page I--6 Cumulative Impacts Effects Found Not to be Significant TASK V. A. B. C. ALTERNATIVES TO THE PROPOSED ACTION No Project Alternative Project Layout Alternative Renovation Program (variations on proposed new uses, e.g.~ larger cinema/less ~:etail or smaller cinema, more retail, etc.) Modified Redevelopment Area Boundaries TASK Vi. _ _PREPARATION OF THE DRAFT EIR A. Administrative Draft EIR B. Screen Draft EIR C. Draft EIR TASK VII. A. B. PREPARATION OF THE FINAL EIR ADDENDUM Administrative Draft Final EIR Addendum: Response-to-Comments Final EIR Addendum: Response-to-Comments/Revisions to the Draft EIR TASK VIII. MITIGATION MONITORING CHECKLIST TASK IX. MEETINGS AND HEARINGS WP51~9828[9828- I . PRO Wagstaff and Associates City of Cupertino June 8, 1999 Revised Proposal for Services Vallco Fashion Park Redevelopment Ran EIR Page II--1 I1. RECOMMENDED WORK PROGRAM The following tasks will be undertaken by the EIR consultant. An Administrative Draft EIR will be submitted to the City/Agency within nine weeks (45 working days) from contract execution and receipt of all relevant background information.~ A detailed schedule is included in Se~:tion III of this proposal. ''TASK I. INITIAL SCOPING AND PROJECT DESCRIPTION A. Initial Staff Meetln.q Upon City/Agency authorization to proceed, an initial meeting will be held with City and Redevelopment Agency staff, the EiR consultant team principal-in-charge and project manager, and if the Agency desires, the redevelopment consultant and/or legal counsel to discuss and refine the EiR preparation approach, work scope, alternatives, schedule, and information needs. B. Public Scoplnq Meetlnq (optional) If requested by the City/Agency, Wagstaff and Associates will attend a public scoping meeting to assist staff in describing the EIR process and the environmental issues raised by the project, and t'(~ solicit public comment on the EIR scope. C. Initial Field Surveys. _. ~ .... The project site and its surrounding environs will be driven and walked to identify existing conditions relevant to the project and its potential impacts. D. Initial Data Collection and Review Relevant data and analyses available at the Cupertino Department of Community Development, pertinent information from other appropriate sources, and backgroun_d information from the applicant, will be collected and reviewed. - E. Project Description The objectives and characteristics of the proposed Vallco Fashion Park redevelopment plan will be described to the extent needed for adequate evaluation of environmental impacts. Using text, tables, and graphics, the description will provide a clear illustration of the WP511982819828-2. PR0 Wagstaff and Associates City of Cupertino June 8, 1999 Revised Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page 11-2 redevelopment site, and associated redevelopment plan and project objectives. Through close collaboration with City and Redevelopment Agency staff, the redevelopmen_t project description will identify the objectives and characteristics of the redevelopment project, and the range and extent of redevelopment actions likely to be implemented through the redevelopment plan. Specifically, the project description will include the following: · the project's regional and local setting; · precise location and boundaries of the project; · the basic project objectives; · the various jurisdictional entitlements and approvals requested from the City/Agency to implement the project; ~ · the m-~li renewal plan physical characteristi~ and design particulars, with text, data, and graphics depicting the overall land use and circulation design (site plan), site access and internal circulation provisions, floor plans, architectural elevations, parking displacement and replacement plans; pedestrian, bicycle, transit provisions; signage features, exterior lighting features, street landscape features, building height and lot coverage information, grading aspects, etc.; - - the anticipated construction schedule; · project operation and maintenance provisions (site and building ownership, proposed hours of operation, anticipated cinema operational characteristics and peak patronage, times and numbers, etc.); and · required jurisdictional approvals and permits necessary to permit construction and operation of the project. Note: Four (4) full size sets of project plans and one (1) rep{oduc!ble 1_ 1 " x 17" reduction will be requested by the Wagstaff a~d Associa_ates for-team tJse in p?~paratiO~ of the EIR. It is also assumed for purposes of this proposal that the project application submitted to the City/ Agency by the applicant will be accurate and complete, and that no substantive changes to the project description will be proposed during the course of EIR preparation. F. Clarification of Key Issues and Concerns Wagstaff and Associates will clarify the environmental issues and concerns associated with the proposed project, based on City/Agency staff contacts, data review, field survey, and telephone contacts as necessary. - - G. Completion of Initial Study Checklist and-NOP Based on the information gathered, Wagstaff and Associates will Complete an Initial Study Checklist and accompanying narrative to determine more precisely the appropriate scope of the EIR, using the current format recommended by the State Resources Agency, or if desired WP511982819828-2. PRO Wagstaff and Associates City of Cupertino June 8, 1999 Revised Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page 11--3 by the City, the City's own Initial Study checklist format. Wagstaff and Associates will also prepare the accompanying Notice of Preparation. The City/Agency will be respon_sible for reproducing and circulating the NOP and Initial Study. TASK I1. DESCRIPTION OF SETTING, POTENTIAL IMPACTS, AND MITIGATIONS Existing onsite and offsite conditions relevant to the environmental implications of the redevelopment project will be described in writter~ ~nd graphic form. Potential project impacts and associated mitigation needs will then be identified. Emphasis will be placed on key issues and concerns identified in Task I. Suggested impact categories and related subtasks are discussed below. (The team member with principal responsibility is identified next to each '- 'subtasks heading.) In preparing these analyses, the consultant team will seek to avoid duplication of effort by making maximum possible use of existing environmental documents and other relevant studies available at or through the City (including any technical studies by the applicant). A. Land Use and Plannln.q (Wagstaff and Associates) The primary land use issues raised by the mall renewal proposal are expected to include compatibility of the project (especially the multi-screen cinema) with existing and planned adjacent and surrounding uses in the downtown .area, and project consistency with Cupertino General Plan goals and.policies for the downtown. The following subtasks will be completed to address these land use and planning concerns: 1. Settin.q."The existing land use pattern in the project's downtown vicinity will be concisely described in narrative, map, and ae[ial photograph form. General Plan policies related to the project site will be reviewed and reiterated_: 2. Potential Impacts. The potential land use impacts of the project will then be evaluated and described, including: · Land use and other planning implications of the redevelopment plan, development agreement amendment, use permit amendment and any other planning approvals necessary to accommodate the project; · Compatibility with adjacent existing and planned retail, service, office, and residential uses; and - · Internal compatibility of the general shopping center modifications!ay_out. 3. Mitiqation. Measures will be recommended as warranted to mitigate any identified potentially significant adverse land use impacts. / WP5119828t9828-Z PRO Wagstaff and Associates City of Cupertino June 8, 1999 Revised Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page 11--4 B. Visual Factors (Wagstaff and Associates) Wagstaff and Associates will use the architectural and landscape drawings and a-ny other project description materials submitted by the applicant to evaluate the visual implications of the project. Wagstaff and Associates will apply its particular strengths in visual impact analysis and urban design to address these impacts. Primary visual issues raised by the proposed mall changes may include the marquee and other cinema design aspects, and the proposed height and bulk of the new department store, cinema and parking structures in relationship to the surrounding existing downtown ~nvironment. 1. Setting. The existing visual character of the mall edges and surrounding downtown area will be described with concise narrative, photographs, and illustrative map diagram. The · description-will address any pertinent visual factors that have been identified as important in the City's Cupertino General Plan, and will include: · Site relationships to the overall downtown layout; · Site relationships to existing commercial frontages (storefronts) along and on !he opposite sides of Vallco Parkway and Wolfe Road; and · Important viewpoints of the project site from surrounding streets. 2. Potential Impacts. The potential impacts of the redevelopment project on the visual character of the area will then be evaluated. Adopted Cupertino General Plan policies relevant to the downtown area and any adopted City design guidelines pertinent to the project and its building height and bulk, architecture, signage, exterior lighting, and landscape provisions will be considered in determining the significance of project visual impacts. 3. Mitiqation. If necessary, project modifications and refinements will be recommended as conditions of negative declaration to; reduce any identified significant adverse visual impacts. C. Traffic, Circulation, and Parklnq (Fehr & Peers Associates) Fehr & Peers Associates, consulting transportation engineers, are currently completing a traffic and parking study for the project under contract to the applicant, and under the supervision of City Public Works Department staff. The study, which will be completed in the next 10 to 15 working days, will evalL~ate project impacts on average daily traffic and peak hour volumes along affected city and region-serving streets and highways, as well as vehicular access and internal project circulation adequacy; impacts on public transit, and - cumulative circulation and parking impacts. The study will be subject to review-and a~Spro~,~l by the City's traffic engineer. .. .- Note: For purposes of this EIR, Wagstaff and Associates recommends that the Fehr & Peers traffic study scope be modif!ed to include two additional tasks: (1) evaluation of projected parking demand in relation to the proposed shared parking supply; and (2) up to four hours of WP511982819828-2, PRO Wagstaff and Associates City of Cupertino June 8, 1999 Revised Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page 11--5 traffic engineer time to respond to public comments received on traffic and parking aspects of the Draft EIR. For purposes of this EIR proposal, it is assumed that the Fehr & Peers traffic and parking study will, to City staff satisfaction, provide an adequate evaluation of project and cumulative traffic and shared parking impacts for summarization in the EIR. Following review and acceptance of the study by City staff, Wagstaff and Associates will incorporate appropriate findings into the EIR. Using the traffic and parking analysis and current City policies as a basis, the EIR will focus on: (1) the need for offsit~ transportation mitigations; (2) any need for changes to onsite circulation, access, and parking provisions; and (3) the adequacy (convenience) of the proposed parking program. · O. Air Quality (Donald Ballanti, Air Quality Consultant) The Bay Area Air Quality Management District (BAAQMD) has established stringent thresholds of significance for regional air quality impacts. The BAAQMD considers projects that generate more than 80 pounds per day of ozone precursors or PM-10 (combining stationary and mobile sources) to be significant. The air quality analysis for the Vallco Fashion Park Redevelopment Plan EIR will use these significance thresholds to determine the significance of the project's air quality impacts. Donald Ballanti will complete the following tasks to provide these findings: Settin.q. · A description of the climate, meteorology, and historical air quality data for the project area, and of current efforts to attain and maintain the state and federal air quality standards, will be prepared. · Any existing sources of air pollution in the study area, including mobile sources, stationary sources and sources of tox_!c a!r~oellutaht§, wii115~ documented. Potential Impacts. · Any potential for nuisance impacts during the construction period both within the project site and for any neighboring properties will be identified. · Microscale modeling of local carbon monoxide levels near major intersections that would be affected by project-generated traffic will be performed, using the CALINE-4 computer model. · URBEMIS-5 modeling for project regional air quality impacts will be conducted. - · The significance of project construction, local and regional impacts'w'rtt then be determined, using the thresholds of significance recommended by the Bay Area Air Quality Management District (BAAQMD). WP5119828~9828-2. PRO Wagstaff and Associates City of Cupertino June 8, 1999 Revised Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page 11--6 Mitiqation. · Construction-phaSe controls and practices warranted to reduce dust impacts associated with construction will be identified. · Air quality mitigation measures or programs already included within the project operation and design will be identified. · If required, additional mitigation measures for any identified significant air quality impacts, and evaluate the effectiveness of these measures will be developed. E. Noise (lllingworth & Rodkin, Inc.) Illingworth_&, Rodkin will describe the noise implications of the proposed mall renewal project, including the effects of associated traffic increases on ambient and cumulative future noise levels in the project area and along principal local travel routes. Implementation of the redevelopment plan could affect the local noise environment in two ways: (1) by increasing vehicular traffic, and (2) by generating short-term construction noise. The following tasks will be completed to address these issues. 1. Setting. The principal noise sources currently affecting the ~mall vicinity include vehicular traffic on the 1-280 freeway and the local street network, and aircraft overflights. The noise environment in the downtown area will be defined by IIlingworth & Rodkin. A noise measurement will be conducted in order to quantity existing noise levels at the site. The setting discussion will also describe pertinent noise/land use compatibility standards set forth in the City of Cupertino General Plan Noise Element. 2. Impacts. The likely effects of the anticipated project-related traffic changes on the local noise environment will then be iden~dfied. The project?related traffic changes identified by Fehr & Peers will provide the primary basis for-the nbi~ impact' assessment7 General conclusions will be documented with respect to potential cumulative adverse noise effects of the project and their significance. Emphasis will be placed on potential creation or intensification of noise-related land use conflicts. Short-term noise impact potentials associated with the proposed project demolition and new construction activities will also be gen~erally described. 3. Mitiqation Measures. Measures warranted to mitigate any identified significant adverse - noise impacts will be recommended. - - F. Public Services (Wagstaff and Associates')' The EIR will include an evaluation of project impacts on police, fire protection and emergency medical services needs, project sewer, water, school, and parks and recreation impacts are WP511982819828-2. PRO Wagstaff and Associates City of Cupertino June 8, 1999 Revised Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page 11--7 expected to be less-than-significant. (This assumption will be confirmed through the Initial Study process described in Task I.G above.) 1. Fire Protection/Emer,qency Medical Services. Wagstaff and Associates will describe existing fire protection, paramedic and ambulance service in the city and project vicinity based on consultation with the Cupertino Fire Department. Potential project demands on future fire protection, paramedic and ambulance service will be evaluated. The proposed mall modifications site plan will be analyzed for fire and emergency vehicle access. Any possible special training or equipment needs associated with the multi-screen cinema or parking · garage components will be identified in consultation with the Fire Department. Associated mitigation measures or site plan changes will then be recommended. '2. Police; 'Wagstaff and Associates will describe existing police station locations, beats, response times, officer-to-population ratios, and adequacy of existing facilities and equipment, based on consultation with the Cupertino Police Department. Potential project impacts related to increase demands for police service, including possible additional patrolling, personnel or facilities needs associated with the cinema and other new uses, will then be identified, and mitigation measures recommended. G. Soils and Geoloqy (Optional; Wagstaff and Associates) If a potential for a greater than normal geotechnical impact is identified in the Initial Study process (Task I.G), the City/Agency may authoriz, e that the EIR scope be amended to include a Soils and Geology section. If this work scope option is selected, the following subtasks will be completed to concisely address the geologic conditions of the project site and the degree of hazard potential associated with the proposed mall changes and proposed occupancy. 1. Settinq. Existing conditions pe~aining to surface faulting, groundshaking, groundwater, and other potential development.constrain_ts would.be Summa'rize~l. Th~.analysis ~vould be based on existing data,'including any geotechnical investigations available from the applicant. 2. Potential Impacts. The information described above would be considered in evaluating any site potentials for long-term instability, and to gauge the hazards to the project associated with earthquake-induced groundshaking, and any other geotechnical factors. 3. Miti,qation. It is expected that the construction on the project site in conformance with the Uniform Building Code would provide a sufficient level of structural integrity to resist catastrophic failure, so mitigations would likely focus on any need for special foundation or ' - remediation techniques that may have been recommended in available geotechnical reports. H. Public Health and Safety (Optional; Wagstaff and Associates) if the Initial Study identifies cor~cerns regarding possible hazardous building materials in the existing structures to be modified or demolished, or possible soil or groundwater . WP511982819828-2. PRO Wagstaff and Associates City of Cupertino June 8, 1999 Revised Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page 11--8 contamination in the areas to be excavated, the City/Agency may elect to amend the EIR scope to address these EIR concerns, as.follows: 1. SettinR. The potential for presence of hazardous materials within the proposed demolition and construction (excavation) areas that could pose a significant health and safety risk would be described, based on existing available information. (The description would be based on a computer-assisted interagency records search commissioned by Wagstaff and Associates.) No onsite sampling w.ould be conducted. 2. Impacts. The proposed modifications to existing structures would be evaluated to determine the potential for contact by construction period personnel with any existing hazardous materials during demolition (friable asbestos, lead paint, etc.), or contaminated 'soils or gro[~ndwater during excavation of the construction sites, based on available data. 3. Mitiqation Measures. Any mitigation measures warranted to reduce or eliminate identified significant hazardous materials exposure impacts, including anticipated investigation and remediation protocols, would be identified. I. Cultural and Historic Resources (Optional; Wagstaff and Associates) Similar to Task G and H above, the Initial Study may identity a concern regarding project impacts on or relationships to an underlying or adjacent cultural or historic resource (historic building or neighborhood, etc.). If so, the City/Agency may elect the amend to EIR scope to address such concerns, as follows: 1. Setting. Wagstaff and Associates would describe the existing setting and the likelihood that underlyir~g cultural artifacts may be found during project-related excavation activities, or an adjacent historic resource may be affected by the pr~o!ect,_and- _would describe the City's policies regarding such resources. _ ~ ~ 2. Potential Impacts. Potential for project disturbance of any potential subsudace archaeological values or adjacent historic values would be evaluated and documented based on existing available information, and the relative impact significance described. 3. Miti,qation. Measures warranted,to mitigate any identified archaeological or historic resource impact potentials would be recommended. TASK II1. RELATIONSHIP TO LOCAL AND REGIONAL PLANS Wagstaff and Associates will discuss the compliance of the proposed project and its anticipated impacts with relevant policies of the City of Cupertino General Plan and any other pertinent City-adopted downtown policies and/or development guidelines. WP51 ~982819828-2. PRO Wagstaff and Associates City of Cupertino June 8, 1999 Revised Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page 11--9 As required by CEQA, project consistency with relevant adopted reqional plans (Santa Clara Co'unty Congestion Management Program, Bay Area Air Quality Management Dis_trict Bay Area '97 Clean Air Plan, Regional Water Quality Control Board Water Quality Control Plan, etc.) will also be concisely discussed. TASK IV. CEQA-REQUIRED ASSESSMENT CONSIDERATIONS A. Growth-lnduclnq Effects ~ Aspects of the project that would be growth-inducing will be described. -B. Unavoidable Adverse Effects Significant environmental effects identified in the EIR that could not be avoided if the project were implemented will be identified. (Unavoidable adverse impacts are those that could not be reduced to less than significant levels bythe mitigation measures recommended in the EIR.) C. Irreversible Environmental Chanties Unavoidable adverse environmental Changes due to the project that would be permanent will also be identified. D. Cumulative Impacts A reference to identified significant cumulative impacts of the project described within the various topical sections of the EIR will be provided. E. Effects Found not to be Slflnlflcan~' ~ '- Based on the Initial Study (Task I G), a brief statement will be provided explaining why various possible environmental effects were determined not to be significant and are therefore not discussed in detail in the EIR. TASK V. ALTERNATIVES TO THE PROPOSED PROJECT The alternatives chapter of the EIR will inclu(~e an analysis of the "no project" alternative'as required by CEQA, plus three or four additional p~oject alternatives. Identification of the alternatives to be evaluated will be finalized in consultation with City/Agency staff. The alternatives will be developed to meet most of the basic goals of the project and to eliminate or reduce any identified significant environmental impacts. The alternatives could include mitigating modifications to the proposed project site layout and/or mitigating variations on the WP511982819828-2. PRO Wagstaff and Associates City of Cupertino June 8, 1999 Revised Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page II--10 proposed new uses (e.g., a smaller cinema with increased retail and other entertainment space; or a larger cinema with reduced retail and other space). A comparative evaluation of the alternatives will be provided that includes a qualitative, order- of-magnitude comparison of key impacts such as land use and visual compatibility, traffic impacts, public service implications, air quality impacts, noise effects, etc. As stipulated in the CEQA Guidelines, the "environmentally superior alternative" will also be identified. If the "no project" alternative is the ~nvironmehtally superior alternative, the environmentally superior alternative among the other alternatives will be identified. -'~TASK VI.-PREPARATION OF DRAFT EIR The Draft EIR will be organized with existing cor~dition, impact, and mitigation findings grouped by major topic (land use; visual factors; population and housing; transportation; public services; air quality; noise; etc.). The EIR will be concise and will be written for clear and easy understanding by City decision-makers and the general public. Appendices will be limited. A. Administrative Draft EIR Project description, existing setting, impact asses, sment, and mitigation measures developed in Tasks I and II will be refined and presented in an Administrative Draft EIR (ADEIR). The ADEIR will identify whether each impact is less-than-significant or significant. The ADEIR will also clearly identify whether an impact would be reduced to a less-than-significant level with mitigation, or'Whether it would represent an unavoidable significant impact. These statements will be listed in a distinctive format so that they are easily identifiable. (For example, statements of significance will be coded a~nd ital~cized.i ' · ' ' _~ Ten (10) copies of the Administrative Draft will be submitted to City/Agency staff for internal review and comment. B. Screen Draft EIR Wagstaff and Associates expects that one consolidated set of comments will be submitted by City/Agency staff regarding changes needed to the Administrative Draft EIR. A Screen Draft EIR will then be prepared, incorporating as qecessary, revisions and refinements t~) the Administrative Draft based on City/Agency staff comme,ts. Two (2) copies of the Screen ' Draft will be delivered to City/Agency for approval before releasing the Draft EIR for public review. WP511982819828-2. PRO Wagstaff and Associates City of Cupertino June 8, 1999 Revised Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page I1-11 C. Draft EIR A public-release Draft EIR will then be released, incorporating any final refinements requested by City/Agency staff. Fifty (50) copies of the Draft EIR will be prepared and submitted to the City/Agency. The City/Agency will be responsible for distributing and circulating the Draft EIR pursuant to CEQA and Cupertino environmental review procedures. TASK VII. PREPARATION OF THE FINAL EIR -A. Administrative Draft Final EIR Addendum. An Administrative Draft Final EIR Addendum will.be prepared to incorporate revisions to the DEIR text deemed necessary in response to public review period comments, as well as the written responses of the EIR authors to substantive review period comments on the Draft EIR received from the public, the Planning Commission, and other responsible or interested parties. The FEIR will also include a list of persons and agencies that commented on the DEIR, an index to and summary of comments received, and a collection of verbatim comments (letters, memoranda, minutes, etc.). Five (5) copies of the Administrative Draft FEIR Addendum (with the document content limited to the responses to comments and associated DEIR text revisions only) will be submitted for City/Agency staff review and comment. B. Final EIR Addendum A Final EIR Addendum will be prepared, incorporating as necessary revisions and refinements to the Administrative Draft FEIR .Addendu~m based _upon City/Age~:y sta_ff responses. Fifty (50) copies of the Final EIR will be submitted to the City/Agency for distribution. TASK VIII. PREPARATION OF MITIGATION MONITORING PROGRAM For a project of this nature, most of the environmental mitigation measures likely to be recommended in the EIR will be subject to effective monitoring through the normal City project approval and implementation process. However, to satisfy CEQA section 2108.1.6; a_ - - documented record of implementation will be necessary, A monitoring approach and chedklist will be prepared by Wagstaff and Associates for use by City/Agency staff te ensure that those mitigation measures that are ultimately required as plan changes or conditions of plan approval are implemented. WP5 I~9828~9828-2. PR0 Wagstaff anci Associates City of Cupertino June 8, 1999 Revised Proposal for Services Vallco Fashion Park Redevelopment Plan EiR Page 11-12 TASK IX. PUBLIC HEARINGS AND MEETINGS John Wagstaff, Principal-in-Charge, will attend up to two (2) public meetings (Piahning Commission and/or City Council) to present the EIR findings and answer questions regarding the environmental review process and content. John Wagstaff or Don Dean, Senior Planner and Project Manager, will also be available to attend up to two (2) additional work sessions with City staff during the preparation of the EIR and mitigation monitoring program. Attendance by Wagstaff and Associates staff at additional meetings, or meeting attendance by any of the EIR subconsultants, could be provided for an additional fee. WP5 I~982819828-2. PR0 Wagstaff and Associates City of Cupertino June 8, 1999 Proposal for Services Vallco F~shion Park Redevelopment Plan EIR Page III--1 III. PROPOSED EIR TABLE OF CONTENTS To meet the environmental documentation requirements described in sections I and II, the following Table of Contents for the Vallco Fashion Park Redevelopment Plan EIR Is proposed. This preliminary table represents th~ EIR or~anization and content currently envisioned by Wagstaff and Associates. The EIR format would be finalized in consultation with City and Agency staff at the outset of the work program. INTRODUCTION A. EIR Purpose and Intended Use B. EIR Approach?Program EIR" C. EIR Scope--Significant Issues and Concerns D. "Significant Impacts" and Other Key EIR Terminology E. Report Organization and Content F. Fiscal Impacts (reference to other reports) II. SUMMARY Ill. B. C. D. Summary of Project Relationships to Adopted Plans E. -' Summary of Alternatives F. Mitigation Implementation _ . PROJECT DESCRIPT-ION Proposed Project Environmental Issues Summary of Significant Impacts and Mitigation Measures A. Project Location B. Project Background C. Basic Project Objectives D. Anticipated Overall Range of Redevelopment Plan ActiOns E. Project Scheduling and Environmental Assessment Time Frame F. Required Project Documentation and Approvals IV. SETTING, IMPACTS, AND MITIGATIONS A. Land Use and Planning " B. Visual Factors C. Population and Housing D. Transportation and Parking WP51 t9828~9828-3, PRO Wagstaff and Associates City of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page 111--2 Vo VI. VII. IX. E. Public Services 1. Police 2. Fire Protection 3. Emergency Medical Services 4. Parks F. Air Quality G. Noise H. Geology and Soils (optional) I. Public Health and Safety (optional)' J. Cultural and Historic Resources (optional) RELATIONSHIP TO ADOPTED PLANS AND POLICIES A. City of Cupertino General Plan B. Pertinent Regional Plans CEQA-REQUIRED ASSESSMENT CONSIDERATIONS A. Growth-Inducing Impacts B. Unavoidable Significant Adverse Impacts C. Irreversible Environmental Changes D. Cumulative Impacts E. Effects Found Not to Be Significant ALTERNATIVES TO THE PROPOSE[~ PROJECT A. No Project B. _. Modified Project Layout C. Modified Redevelopment Actions D. Modified Redeveloprhent Boundaries E. Altematiye Sites- - F. Conclusions: Environmentally Superior Alternative MITIGATION MONITORING A. Monitoring Requirements B. Monitoring Checklist .~ ORGANIZATIONS AND PERSONS CONTACTED A. City of Cupertino B. Cupertino Redevelopment Agency.~ C. Others X. REFERENCES WP51t9828t9828-3. PRO Wagstaff and Associates City of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Ptan EIR Page 111--3 Xl. APPENDICES A. Program EIR Authority B. Notice of Preparation and Initial Study C. Supplemental Land Use, Housing, and Population Information D. Supplemental Transportation Information E. Supplemental Air Quality Data F. CEQA Standards for EIR Adequacy 'G. CEQA Definition of "Mitigation" ~ H. EIR Consultant Team WP51t982819828-3. PRO Wagstaff and Associates City of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Pa. rk Redevelopment Plan EIR Page 111--4 WP5 II9828t9828-3. PRO Wagstaff and Associates City of Cupertino June 8, 1999 Revised Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page IV-1 IV. PRODUCTS AND WORK SCHEDULE Wagstaff and Associates will submit the Administrative Draft EIR within approximately nine weeks (45 working days) of contract execution. This schedule assumes City/Agency acceptance of complete project description information and ~ll needed background material from the applicant prior to commencing work. The schedule also assumes receipt of a City staff-approved version of the applicant-commissioned traffic and parking study (by Fehr & Peers) within two weeks of contract execution. Alternatively (whichever occurs later), the 'Administrati,~e Draft EIR will be delivered within approximately two weeks (10 days) of receipt of the City staff-approved traffic and parking study. Product/Milestone Copies A. Contract Execution -- B. Administrative Draft EIR Ten (10) copies C. City/Agency Staff Comments on ADEIR D. Screen Draft EIR One (1) copy Two (2) copies E. Draft EIR Fifty (50) -- copies 45-day Public Review Period Ends -- _. ~ -._ Administrative Draft Final EIPJ Mitigation Monitoring Plan H. City/Agency Staff Comments on ADFEIR I. Final EIR Atlachment Five (5) copies One (1) copy Fifty (50) copies Delivery Schedule Week 1 Week 9 (45 working days from start date. or 10 days following City staff approval of applicant's traffic and parking study) Week 11 (2 weeks/10 working days from receipt of ADEIR) Week 12 (one week/5 working days from receipt of City/Agency staff comments on ADEIR) Week 14 (2 weeks/10 working days from receipt of City/Agency staff comments on SDEIR) Weei( 21' {45 d~,ys after release of Draft EIR) Week 23 (2 weeks/10 working days after receipt from City/Agency staff of all public review pedod comments) Week 24 (1 week/5 working days from receipt of ADFEIR) Week 25 (1 week/5 working days from receipt ol City/Agency comments on ADFEIR) _ - These delivery times are preliminary. Given our.current and projected.wo,r, kload, we foresee no problem with completing the EIR within this timeframe. The Wagstaff and Associates team remains flexible with respect to changes in this schedule to meet City/Agency and redevelopment consultant team needs. WP511982819828-4. PRO Wagstaff and Associates City of Cupertino June 8, 1999 Revised Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page IV-2 WP51 ~9828t98 28-4. PRO Wagstaff and Associates City of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Park Recievelopment Plan EIR Page V-1 V. PROJECT MANAGEMENT AND KEY PERSONNEL. 1 ] ] i I J Wagstaff and Associates will have overall responsibility for all EIR preparation..Principal-in- Charge will be John Wa.qstaff. Mr.. Wagstaff will have overall responsibility for EIR team management, staff liaison, and the preparation and'editing o7 all work products; he will be editor of all environmental documents, and will attend up to two (2) public meetings and up to two staff/redevelopment team meetings. Mr. Wagstaff is a graduate architect with a master's degree in Urban and Regional Planning from the University of Oregon and over 28 years of ~xperience-i~ urban planning, urban design, and environmental impact assessment. Mr. Wagstaff was Principal-in-Charge of the 1999 Town Center Mall Redevelopment Proiect EIR for the City of Sunnyvale (included a 16-screen cinema); the 1999 .Great Mall Modifications SEIR for the City of Milpitas-(inciuded a 20-screen cinema); the 1999 Sierra Vista Shoppin.q Center Modifications EIR for the City of Clovis (included a 16-screen cinema), the 1998 Downtown Hayward Redevelopment Plan Amendment EIR for the Hayward Redevelopment Agency, the 1998 Citrus Heights Redevelopment Plan EIR for the City of Citrus Heights, the 1998 Buckeye Redevelopment Plan EiR for the Redding Redevelopment Agency, 1997 Folsom Redevelopment Plan EIR for the City of Folsom Redevelopment Agency, the 1997 Hiqhway 101 Redevelopment Plan EIR for the Redwood City Redevelopment Agency, the 1996 Hiqhway 29 Corridor Redevelopment Plan EIR for the American Canyon Redevelopment Agency, the 1996 Arvin Community Redevelopment Plan EIR for Kern County, the 1995 Sonoma General Plan Update EIR for the City of Sonoma, the 1994 Hollister Community Development Plan EIR for the Hollister Redevelopment Agency, the 1994 El Cam~'r~o Corridor Redevelopment Plan EIR for the City of South San Francisco Redevelopment Agency, and the 1994 El Cerrito Rede~/e!opment. Plan Amendment EIR for the City of El Cerrito. He has also been Project Manager on a-number of other similar program EIRs for redevelopmeni'programs, general plan updates, and specific plans. Donald Dean, Senior Planner with Wagstaff and Associates, will be EIR Project Manager for Wagstaff and Associates with responsibi!ity for day-to-day project administration, subcontractor administration, staff liaison, completion of necessary research and analysis update tasks, field surveys, and product preparation. Don Dean holds a Bachelor of Arts degree Magna Cum Laude from the State University of New York (SUNY), a Master of City Planning (MCP) degree from the University of California at Berkeley, and has over 14 years of prof_essional _ experience as a planning and environmental consultant. He has had project management,' and/or other major responsibilities in preparation of numerous similar environmental impact and urban planning projects, including the current'Russian River Corrid0~' Redevelopment Plan EIR for the Sonoma County Community Development Commission, 1998 Fremont Redevelopment Plan Amendment and Merqer EIR for the Fremont Redevelopment Agency, the 1998 Citrus Hei,qhts Redevelopment Plan EIR for the Citrus Hts. Redevelopment Agency, the 1998 Buckeye Redevelopment Plan EIR for the Redding Redevelopment Agency, the WP511982819828-5. PR0 Wagstaff and Associates City of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page V-2 1995 Oakley Old Town Specific Plan and Redevelopment Plan EIR for the Contra Costa County Redevelopment Agency, and the 1993 Alameda Redevelopment Plan EIR for the City of Alameda Redevelopment Agency. Natalie Macris, Senior Planner with Wagstaff and Associates, will assist with various research, analysis, and editing tasks. Ms. Macris holds a Bachelor of Arts and Master of City Planning degrees from the University of California, Berkeley, and has nine years of profess!onal planning experience, including seven as a planning consultant. Most recently, Ms. Macris has been Wagstaff and Associates' Prbject Manager fdr completion of the 1999 Sierra Vista · Re.qional Shoppinq Center Modifications EIR for the City of Clovis, the 1998 Downtown Hayward Redevelopment Plan Amendment EIR for the Hayward Redevelopment Agency, the 1998 Cowell Ranch Proiect EIR for Contra Costa County (a 5,300-unit new community near .... Brentwood)~ and the 1998 Southeast Annexation. EIR for a 2,700-acre addition to the city of Pittsburg. Fehr & Peers Associates, Inc., transportation consultants, is currently conducting the transportation impact analysis which will be incorporated into the EIR. Jane Bierstedtl P.E., Principal, is managing the transportation impact analysis for the applicant, under the supervision of City staff. Ms. Bierstedt holds a Master of Science in Engineering .(Transportation) from U.C. Berkeley and a Bachelor of Science in Civil Engineering from Drexel University. She has 16 years of experience in transportation planning, including traffic impact analyses, parking studies, traffic engineering projects, neighborhood traffic studies, transit studies, and congestion management programs. Representative projects have included the Downtown Sunnyvale Parking Analysis, the Monterey Corridor Redevelopment Plan, operational analyses for state Route 85 in Santa Clara County, and the Capital Corridor Project Definition Study and Downtown Evergreen Corridor Alternatives Planning Study for the Santa Clara County Transportation Agency. IIIIngworth & Rodkln, Inc~, acoustical en_gineer_s,._will .be resl~0nsible f~_r. the noise impact and mitigation aspects of the program EIR. The firm has prepared similar analyses for numerous other Bay Region EIRs, including six recent redevelopment plan EIRs and four recent multi- screen cinema EIRs for Wagstaff and Associates. The Vallco Fashion Park Redevelopment Plan EIR work will be supervised by Richard Rodkin, P.E., principal of the firm with over 20 years of acoustical consulting experience. Mr. Illingworth will be assisted on the noise analysis by James Re~rf, Project Scie~ntist. Mr. Reyff has effectively performed a similar role on seven recent Wagstaff and Associates EIRs. Donald Ballantl, certified consulting meteorologist, will be responsible for the _air quai_ity _ analysis of the EIR. Mr. Ballanti has more t~an 18 years of experience as a consultant in'the areas of air pollution meteorology, air pollution impact analysis, air quality-planning, and meteorological and climatic analysis. Mr. Ballanti also completed the air quality analysis for numerous Bay Area EIRs, including nine recent Wagstaff and Associates redevelopment plan EIRs. WP51 ~982819828-5. PRO Wagstaff and Associates city of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page vi-1 VI. FEE ESTIMATE Please note that the cost estimate and compensation schedule described below are preliminary; we can, of course, modify or refine any aspect of our proposed work program and related budget to meet additional ~r reduced City or Agency needs. 1. Estimated Contract Fee The approximate contract fee for professional labor and miscellaneous costs described herein through preparation and submittal of the Draft EIR and Final EIR Addendum would total $53,050. Cost breakdowns, including current labor rates, are itemized in Table 1. The The contract fee total includes attendance at the specified meetings (see Task IX) and the printing and delivery to the Agency of ten (10) copies of the Administrative Draft EIR, two (2) copies of the Screen Draft EIR, fifty (50) copies of the Draft EIR, ten (10) copies of the Administrative Final EIR Addendum, fifty (50) copies of the Final EIR Addendum, and related PC computer disks for all products. The estimate is based on the assumption that no. more than $9,354 of the total fee for primary and subcontractors will be allocated to preparation and delivery of the Final EIR Addendum. Any additional services requested of the EIR consultants by the City or Agency for labor (revisions, m~i~tings, testimony, etc.), reproduction (additional copies) or other items beyond the scope of work described herein and itemized below would be billed, to the Age_ncy on. a time-and-materials basis at our standard r_ates. _ -_ -.. 2. Compensation Payments to Wagstaff and Associates for services rendered in accordance with the scope of services and schedule described herein will be based upon submission of monthly statements. These statements will itemize monthly.totals and running totals. The following payment schedule is proposed: A. 15 percent of the total project fee upon contract execution; B. Monthly payments not exceeding 75 percent of the total fee prior to completion of the Administrative Draft EIR; WP511982819828-6. PR0 Wagstafl and Associates Oit~ of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page Vl-2 C. Monthly payments not exceeding 80 percent of the total fee prior to completion of the Draft EIR; . D, Monthly payments not exceeding 90 percent of the total fee prior to completion and delivery of the Final EIR Addendum; and E. Monthly payments not exceeding 100 percent of the total fee prior to certification of the Final EIR, or 75 days after submittal of the Final EIR Addendum, whichever occurs first. WP51 ~9828198 28-6. PRO Wagstaff and Associates Ci~ of Cupertino June 8,1999 Table 1 ESTIMATED EIR COSTS FOR PROGRAM EIR Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page VI-3 Labor Hours Personnel Adm I II III IV V VI VII VIII IX Wagstaff & Assoc. J. Wagstaff 10 14 23 2 2 4 20 13 I 16 D. Dean 20 31 43 10 6 12 48 44' 6 6 N. Macris .... 10 .............. Draftsperson -- 4 3 I .... 2~ Total Subcontractors Fehr & Peers, Transportation - 411ingworth & Fiodkin, Inc., Noise Donald Ballanti, Air Quality Subcontractor subtotal La~)or Costs Ttl S/hr Ttl $ 105 138 14,490 226 110 24,860 10 110 1,100 10 55 550 41,000 4,200 31740 7,940 TOTAL LABOR WITHOUT OPTIONS Report Production and Delivery Administrative Draft EIR (13 copies, 10 to City) - Screen Draft EIR (4 copies, 2 to City) Draft EIR (65 copies, 50 to City) Administrative Final EIR (13 copies, 10 to City) Final EIR (60 copies, 50 to City) Subtotal Miscellaneous Costs Map and photo reproduction Other rciscellaneous Subtotal Total Reproduction, Delivery and Miscellaneous 364 112 1,820 234 1~080 3,610 250 250 500 4,110 .J TOTAL ESTIMATED FEE- Optional Tasks: Soils and Geology Section Public Health and Salety Section Cultural and Historic Resources Section $53,050 $95O 950 950 · - WP5119828t9828-6. PRO Wagstaff and Associates Ci~ of Cupe~ino June 8,1999 Proposal for Services Vallco Fashion Park Re,~evelopment Plan EIR Page vi-4 WP5119828t9828-6, PRO Wagstaff and Associates City of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page vii-1 VII. QUALIFICATIONS OF WAGSTAFF AND ASSOCIATES The Wagstaff and Associates team is well qualified to prepare an EIR for the proposed Vallco Fashion Park Redevelopment Plan EIR, given the collective skills and backgrounds of the four firms, plus past experience successfully working to{lether on'numerous similar redevelopment project EIRs, regional shopping mall modification project EIRs, and multi-screen cinema EIRs. A description of the general qualifications of each firm is provided below. A description of the relevant work experience of each firm follows in section IX. Resumes of key personnel are · included in-s=ection X. " WAGSTAFF AND ASSOCIATES Wagstaff and Associates is a Bay Area firm providing urban planning and environmental documentation services to public and private clients. The six-person office offers professional services in the following areas: · Environmental and community impact assessment · Community general plan and specific plan formulation · Contract planning and environmental review for local agencies · Site planning and analysis · Visual impact analysis The firm has successfully complete(~ numerous El_Rs, mitigated negative declarations, specific plans, and other environmehtal and planning documents for cities, counties and redevelopment agencies throughout Northern California. Private and quasi-public clients have included real estate developers, public utilities, and the University of California. In particular, the firm has had extensive experience preparing and processing the CEQA- required environmental documentation~ for 20 similar California redevelopment programs. In 1999, Wagstaff and Associates prepared EIRs for the Great Mall modifications project in Milpitas, the Sierra Vista Regional Shopping Center modifications project in Clovis, and the Town Center Mall modifications project in Sunnyvale. In 1998, Wagstaff and Associates prepared EIRs for the Downtown Hayward R~development Plan Amendment, ~emon~' ~ Redevelopment Plan Amendment and Merger, Citrus Heights Redevelopn~ent Plan, 101 Corridor Redevelopment Project in Redwood City, and Buckeye Redevelopment Project in Redding. In 1997, the office completed EIRs for redevelopment projects in the cities of Folsom and Sonoma. In the recent past, Wagstaff and Associates has completed similar program EIRs for twelve other redevelopment plans and redevelopment plan amendments for WP511982819828- Z PRO Wagstaff and Associates Ci~ of Cupe~ino June 8,1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page VII-2 California communities including El Cerrito, American Canyon, Arvin, Hollister, Milpitas, South San Francisco, Rodeo, West Pittsburg, North Richmond, Pittsburg, and Morgan-Hill' All professionals in the six-person office have master's degrees and extensive professional experience in urban planning. The office is committed to direct principal involvement on a day-to-day basis on all its projects, a factor that has resulted in exemplary products, highly satisfied clients, and substantial repeat business. As urban planners with broad expe'rience in general and specific plan formulation, the firm is able to combine planning, design, and impact assessment skills to provide environmental documents that are responsive to the city's or county's development review needs and policies. Wagstaff and Associates has a strong commitment to thorough, yet concisely .... presented-impact assessments. The firm views the environmental assessment and EIR procedure as an effective tool for use in the community planning process, with significant benefits to both city/county and the proponents of individual projects. The firm's urban planning strengths have been effectively applied in all of its environmental documentation programs. The office also offers special skills in visual analysis and urban design, and is often contracted by public agencies and prime contractors to address specific urban design and visual impact issues. The firm is headed by John Wagstaff, a graduate architect with a Master's degree in Urban and Regional Planning from the University of Oregon, and more than 29 years of professional experience in urban and environmental planning and design. Wagstaff and Associates' work is guided by two principles: first, that study projects and recommendations are realistic and implementable; and, second, that study findings are effectively presented through a clear and concise writing style, good graphic design, and skillful oral presentation. Waqstaff and Associates' Recent C!ients City of American Canyon American Canyon Redevelopment Agency City of Arvin Barzo Corporation City of Belmont* City of Berkeley* Berkeley Redevelopment Agency Contra Costa County* Contra Costa County Redevelopment Agency* Town of Corte Madera* Town of Danville City of Daly City* John Dykstra & Associates East Bay Municipal Utility District City of El Cerrito* El Dorado County Environmental Science Associates* City of Folsom Ford Motor Land Development Corporation* _ City of Foster City* City of Hayward'- .-- City of Hollister WP511982819828- Z PRO Wagstaff and Associates City of Cupertino June 8, 1999 Hollister Redevelopment Agency Katz Hollis Coren & Associates, Inc.* City of Larkspur City of Uvermore* City of Martinez City of Menlo Park* City of Milpitas M/J Properties, Inc.* Town of Moraga* City of Morgan Hill* Napa County Napa County LAFCO -Naphtali Knox & Associates NBBJ Architects Oliver de Silva, Inc. City of Oakland* City of Palo Alto* City of Palmdale City of Petaluma* Petde, Dierman & Kughn City of Pittsburg* Rancho Arroyo Development Company Redding Redevelopment Agency City of Redwood City Redwood City Redevelopment Agency Propos&l for Services Vallco Fashion Park Redevelopment Plan EIR Page vii-3 John Northmore Roberts Associates City of Rohnert Park City of Sacramento Sacramento County Port of San Francisco City of San Leandro City of San Ramon City of Sausalito* City of'Scotts Valley Shepherd Canyon Heights Development Company City of Sonoma* Sonoma County Development Agency City of South San Francisco* South San Francisco Redevelopment Agency State Coastal Conservancy City of Tiburon City of Tulare City of Turlock University of California City of Vallejo City of Walnut Creek* Town of Windsor Town of Woodside* *Indicates repeat clients. - WP511982819828- 7. PRO Wagstaff and Associates Ci~ of CupeAino June 8,1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page VII-4 FEHR & PEERS ASSOCIATES, INC. Fehr & Peers Associates, Inc. provides professional consulting services for all m(~des of transportation for both public and private sector clients. The firm has performed as traffic planner and engineer on numerous recent Wagstaff and Associates EIR programs. The firm's principals have extensive experience in the transportation planning and traffic and parking engineering fields and, in addition to their management.and administrative responsibilities, participate actively in the technical analyses. The firm is a reflection of these principals and their established reputation for providing cost-effective and result-oriented solutions to transportation problems. The firm is often called upon to resolve problems where others have failed to identity solutions -~"or build a consensus. The experience and range.of skills offered by Fehr & Peers Associates staff allows the firm to act as facilitators in difficult situations. Many transportation developments designed or evaluated by this firm have received awards or have been recognized as outstanding achievements in the field. ILLINGWORTH & RODKIN, INC. -Illingworth & Rodkin, Inc., was founded in March, 1987. The firm's goal is to provide clients with the benefit of expertise and experience in solving environmental noise problems and air quality analysis. The firm has completed approximately 700 projects in the San Francisco Bay Area, 150 projects in other areas of California and other western states, including over 50 noise studies for Wagstaff and Associates. Con'~puters'and a wide array of noise and air quality analysis equipment are used to complete challenging technical assignments. The firm's pertinent capabilities include environmental and architectural acoustics, noise control engineering;'noise measurement, meteorological and air quality investigations, and expert testimony. The firm has completed,the noise analyses for numerous Wagstaff and Associates EIRs over the past 14 years, including fiv~e rece~nt_~redevelopn~ent' progfa_m EIRs. DONALD BALLANTI Donald Ballanti is a Certified Consulting Meteorologist under the certification program of the American Meteorological Society. Mr. Ballanti has more than 18 years of experience as a consultant in the areas of air pollution~ meteorology, air pollution impact analysis, air quality planning, meteorological and climatic analysis and physical modeling in wind tunnels. Mr. Ballanti has M.S and B.S. degrees in meteorology from San Jose State University. Since establishing his own practice in 1977, Mr. Ballanti has prepared air quality, climate and wind impact analyses on more than 500 projects-in California, Hawaii, Oregon and the Caribbean, including numerous air quality analyses for projects in Santa Clara County. Mr. Ballanti was responsible for the air quality analyses for numerous recent Wagstaff and Associates EIRs, including seven of the firm's recent redevelopment program EIRs. Prior to WP5119828t9828- 7. PRO Wagstaff and Associates City of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page VII-5 1977, Mr. Ballanti was an air pollution meteorologist and project manager at Environmental Impact Planning Corporation. ~ WP5119828t9828- Z PRO Wagstaff and Associates City of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page VII-6 WP51 ~9828~9828- 7. PRO Wagstaff and Associates Ci~ of Cupe~ino June 8,1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page VIII-1 VIII. REFERENCES WAGSTAFF AND ASSOCIATES Sylvia Ehrenthal Community Development Director .City of Hay~_ard (510) 293-5345 Melanie Hobden Community Development Director City of Orinda (925) 253-4211 ~hil Wong Planning Director City of San Ramon (925) 275-2272 Jay Tashiro Planning Director Town of Moraga (925) 376-5200 Tom Bane Redevelopment Project Manager Sonoma County Development Commission (707) 524-7508 Edward Phillips City Planner City of El Cerrito (510) 215-4330 Curtis Williams Town Planner Town of Los Altos Hills (415) 941-7222 WP511982519828-8. PRO Lisa Grote Zoning Administrator City of Palo Alto (415) 329-2441 Sandra Meyer, AICP Senior Planner City of Walnut Creek (925) 943-5836 Drummond Buckley Senior Planner City of Orinda (925) 253-4240 Gary Calame Senior Planner City of Hayward (510) .583-422.6 Trudi Ryan Senior Planner City of Sunnyvale (408) 730-7435 Curtis Banks Senior Planner City of Morgan Hill (408) 779-7248 Rick Jones Senior Planner Town of Windsor (707) 838-5331 Wagstaff and Associates City of Cupe~ino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page VIII-2 Peter Oswald Executive Vice President Sunset Development Company (925) 866-0100 Bill McNair Western Regional Development & Operations Manger Ford Motor Land Development Cor~pany (408) 942-8897 Jack Nagel, Attorney .... Goldfarb & Lipman (415) 788-0999 Fran Layton, Attorney Shute Mihaly & Weinberger (415) 552-7272 Lori Wider, Attorney Sheppard, Mullin, Richter & Hampton (415) 434-9100 WP511982819828-8. PRO Wagstaff and Associates City of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page IX-1 IX. RELEVANT WORK EXPERIENCE The following recent Wagstaff and Associates projects are relevant to the Vallco Fashion Park Redevelopment Plan EIR program: Environmental Impact Assessment-Redevelopment Plans Town Center Mall Modifications EIR for the City of Sunnyvale. Wagstaff and Associates -'prepared thi~ EIR for a proposed modification and expansion of the existing Town Center Mall regional shopping complex in downtown Sunnyvale. The project included modifications to the existing 710,900-square-foot shopping center and adjoining pad areas to accommodate the addition of an 82,000-square-foot 20-screen cinema, plus approximately 205,000 square feet of other additional retail, entertainment, and restaurant space. Environmental issues addressed included project visual compatibility with an adjacent historic district and adjacent residential neighborhoods, project downtown circulation and parking impacts; the police, fire and emergency medical implications of a multi-screen cinema; and project noise and air quality impacts. (Subcontractors: Fehr & Peers, Illingworth & Rodkin, Inc., and Donald Ballanti.) Great Mall of the Bay Area Modifications Project SEIR for the City of Milpitas. Wagstaff and Associates prepared this supplement to the previous Great Mail of the Bay Area Reqional Shoppin,q Center EIR, also prepared by Wagstaff and Associates. The SEIR addressed the land use, visoal, traffic, public services, air quality, and noise impacts of a proposed program of modifications to the existing 1.55-million-square-foot Great Mall. The proposed medications included the addition of a 20-screen cinema and related 337-~o0t:l~igh th_e .me tow~r,~plus'other new restaurant and entertainment space. (Subcontractors: Hexagon Transportation Consultants, Environmental Vision, Illingworth & Rodkin, Donald Ballanti.) Sierra Vista Regional Shopping Center Expansion EIR for the City of Clovis. Wagstaff and Associates prepared this EIR for a proposed expansion of an existing regional shopping mall. The project included construction of u.p to 200,000 square feet of additional major retail space; construction of up to 12,000 square feet of additional secondary retail space; construction of a new 70,000-square-foot, 3,300-square-foot cinema; and possible conversion of an existing onsite 22,750-square-foot cinema to general.retail use. The EIR focused on th[ee-issiJes _of - concern: (1) transportation factors, including critical peak hour effects on local and regional roads, and project access, internal circulation; and parking adequacy; (.2) sir quality factors; and (3) project relationships to adopted plans. (Subcontractors: Crane Transportation Group and Donald Ballanti) WP511982819828-9. PRO Wagstaff ancl Associates city of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page IX-2 Downtown Hayward Redevelopment Plan Amendment EIR for the City of Hayward and Hayward Redevelopment Agency. Wagstaff and Associates prepared an EIR on the proposed amendment of the existing Downtown Hayward Redevelopment Plan. The prop°~ed amendment included (1) expansion of the approximately 240-acre existing project area boundary to encompass an additional 370-acre contiguous area; (2) extension of the time limitations applicable to the existing downtown redevelopment plan to the maximum limits allowed by law; and (3) an increase in the dollar limitations on the redevelopment plan. issues addressed in the EIR included land use and visual factors; population, housing, and employment; transportation and parking; public facilities and'services; vegetation and wildlife; geology, soils, and seismicity; storm drainage and water quality; hazardous materials and waste; air quality; noise; and cultural resources. (Subcontractors: DKS Associates, Iliingworth & Rodkin, and Donald Ballanti) Del Norte BART Station Mixed-Use Project EIR for the city of El Cerfito. Wagstaff and Associates is currently preparing an EIR for this joint development proposal (BART and a private developer) to construct a four-story, mixed-use residential-commercial-parking complex adjacent to the Del Norte BART station. The project includes a 20-screen cinema ~;omplex, 216 multiple-family residential units, 41,000 square feet of general retail space, a BART police facility, and a BART-shared parking structure. Principal impact issues include visual/urban design compatibility with surrounding residential, commercial, .BART and other land uses; transportation and parking impacts, including the adequacy of the proposed multifaceted parking program to serve varying cinema, housing, commercial and BART needs;,' and public services impacts, including additional security an.d police protection needs (city and BART). (Subcontractors: Fehr & Peers Associates, Questa Engineering, Freedman Tung & Bottomley, Parker & Associates, Illingworth & Rodkin, and Donald Ballanti.) Buckeye R~levelopment Project EIR for the City of Redding and the Redding Redevelopment Agency. Wagstaff.and Associates prepared .an E!R fo? a new 1,100-acre redevelopment area on the-northern edge~of the community of R~dding.. The foctJs of the redevelopment plan is bn eliminating blight through redevelopment activities including infrastructure improvements and affordable housing efforts. The EIR addressed a number of environmental issues raised by the project, including impacts on the land use and visual characteristics of the project area; the effects of the project on population, housing, employment, and jobs-housing ratio characteristics; project and cumulative effects on the transportation system; impacts on existing and future infrastructure and public service needs; drainage and water quality impacts; impacts on cultural resources; noise and air quality effects; impacts on vegetation and wildlife; and the potential for hazardous materials exposure impacts. (Subcontractors: DKS Associates, Donald Ballanti, and Coyote & Fox) _ Fremont Redevelopment Plan Amendments and Merger Program EIR-for the Fremont Redevelopment Agency. Wagstaff and Associates prepared the program EIR for this proposed merger of four existing redevelopment areas for the purpose of pooling and distributing revenue from the separate areas. The PEIR included a description of project environmental impacts on each of the four major areas, as well as the cumulative impacts of WP51 ~982819828-9. PRO Wagstaff and Associates City of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page IX-3 the consolidation. Impact issues included traffic impacts, land use and visual effects, cultural resource (historic) implications, and biotic impacts (wetlands). (Subcontractors: Fehr & Peers Associates, Inc., Donald Ballanti, and Illingworth & Rodkin, Inc.) Folsom Redevelopment Plan Amendment EIR for the city of Folsom and Folsom Redevelopment Agency. Wagstaff and Associates, as subcontractor to. consulting redevelopment legal counsel Goldfarb and Lipman, prepared a program EIR for a proposed expansion of the Central Folsom Redevelopment Plan boundary from 1,050 current acres to approximately 1,507 acres. The boundary expansion is intehded to allow the Agency to ' continue meeting its central area blight elimination and economic development goals. The EIR addressed the impacts and mitigation needs associated with cumulative, program- facilitated buildout. (Subcontractors: Fehr & Peers Associates, Inc., Donald Ballanti, and 'Charles Patterson) Downtown Sunnyvale Redevelopment Plan Amendment EIR for the City of Sunnyvale Redevelopment Agency. Wagstaff and Associates is currently completing a program EIR for a proposed amendment to the existing Downtown Sunnyvale Redevelopment Plan to increase the tax increment revenue limits of the plan, extend the time limit for incurring debt, revise the plan boundary, and expand the scope of redevelopment actions to be undertaken in the area. Yhe program EIR will describe the anticipated aggregate effects of these proposed actions on the character of the downtown, and associated environmental impacts (land use,.visual factors, traffic and parking, public services, air quality, noise, etc.). (Subcontractors: Fehr & Peers, Illingworth & Rodkin, Donald Ballanti.) E1 Camino Corridor General Plan Amendment and Redevelopment Plan EIR for the City of South San Francisco and the South San Francisco Redevelopment Agency. Working with the redeveloiS~ent consultants, Keyser Marston Associates, Wagstaff and Associates recently prepared an EIR for a 150-acre general plan amendment and a companion amend_ment to an existing redevelopment plan to facilitate significantJncr~a'ses in ~ulti-family residential and commercial developmeht around the proposed South San Francisco BART station on El Camino Real. The redevelopment project included a number of physical improvements to the corridor, including but not limited to the undergrounding of the planned BART line. The EIR addressed a number of significant concerns raised by the proposal including impacts on surrounding land uses, visual and urban design factors, effects on the local and regional transportation system, noise, public i~frastructure implications, and impacts on soils and geology, air quality, and vegetation and wildlife. (Subcontractors: Crane Transportation Group, Freedman, Tung and Bottomley, Andrew Leahy, R.C.E., IIlingworth & Rodk?, Donald _ Ballanti.) - Highway 101 Corridor Redevelopment Plan EIR for Redwood City and the Redwood City Redevelopment Agency. Wagstaff and Associates prepared an EIR for a redevelopment plan proposed for a 400-acre area along U.S. Highway 101 in Redwood City. The plan calls for a number of programs and improvements to facilitate redevelopment of commercial and industrial parcels along the corridor, including relocation of existing Redwood City automobile WP511982819828-9. PRO Wagstaff and Associates City of Cupedino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page IX-4 dealerships to the site, and redevelopment of the large AMPEX industrial property. Environmental concerns raised by the plan include possible impacts on surrounding residential land uses; population, employment, housing, and jobs/housing ratio effects; local -and regional transportation impacts; and effects on public services, noise, and air quality. (Subcontractors: Barton-Aschman Associates, Questa Engineering, Illingworth & Rodkin, Donald Ballanti, and Charles Patterson) Sonoma Redevelopment Plan Project Area Amendment EIR for the City of Sonoma and the Sonoma Community Redevelopment Agency. ~Vegstaff'and Associates recently completed an EIR for a redevelopment plan amendment that would add 256 acres to the city's existing redevelopment area. The proposed amendment area includes a broad mix of additional land uses including a primary retail commercial corridor along Broadway, plus ~surrounding~single family homes, apartment buildings, a mobile home park, professional offices, and some light general industrial uses. The intent of the project area amendment is to provide for assistance towards the economic revitalization of the Broadway commercial corridor, the correction of housing an infrastructure deficiencies in subareas, and the correction of parking and infrastructure deficiencies that exist in the amendment area. Environmental concerns raised by the redevelopment program included impacts on land use and visual factors; population, housing and employment; transportation; water, sewer, police, -fire, school, parks, and solid waste service; soils and geology; drainage and flooding; hazardous materials; vegetation and wildlife; air quality; noise; and cultural resources. Highway 29 Corridor Redevelopment Plan EIR for the City of American Canyon and the American Canyon Redevelopment Agency. Wagstaff and Associates recently prepared an EIR for a redevelopment plan proposed for a 600-acre portion of American Canyon in southern Napa County. The redevelopment plan would facilitate the development of a mixed- use town center through a program of interregional and local roadway improvements, urban design improvements, affordable ho.using assistance, and individual developer assistance programs. Environmental concerns raise~ by the [edevelopr~enr prog~a_m included impacts on land use and visual factors; population, housing and employment; transportation; water, sewer, police, fire, school, parks, and solid waste service; soils and geology; drainage and flooding; hazardous materials; vegetation and wildlife; air quality; noise; and cultural resources. Arvin Redevelopment Plan EIR for .the City of Arvin and the Arvin Redevelopment Agency. Wagstaff and Associates recently prepared an EIR for a redevelopment plan proposed for a 1,170-acre area encompassing a significant portion of the city of Arvin, an agricultural community located in southern Kern County.. The redevelopment plan would fund a nj~mber (~f improvements to facilitate commercial, industrial, and residential development, including c0rb, gutter, other drainage and roadway improvements; and rehabilitation of-ex~sting commercial and residential structures. Environmental concerns raised by the plan included possible impacts on surrounding agricultural land uses; population, employment, housing and jobs/housing ratio; transportation; air quality; public services; noise; biological resources; and cultural resources. (Subcontractor: PH Associates.) WP511982819828-9. PRO wagstatt and Associates City of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page IX--5 Holllster Redevelopment Plan Amendment EIR for the City of Holiister Redevelopment Agency. In association with John Dykstra & Associates, Wagstaff and Associates completed the Draft EIR for an amendmeht to the Hollister Redevelopment Plan. The plan amendment would add approximately 300 acres around the Holiister Airport to the city's existing redevelopment area, and would increase the existing tax increment revenue "cap." The revised redevelopment plan would fund a number of projects including, but not limited, developer assistance programs, public street and infrastructure improvements, hazardous waste remediation, Park improvements, city administrative facility improvements, urban design improvements, and affordable housing assistance..-This program EIR will evaluate project- facilitated growth impacts on land use, population, employment, housing, transportation, geotechnical factors, public facilities and services, noise, air quality, and cultural resources. (Subcontractors: Barton-Aschman Associates, Illingworth & Rodkin, Donald Ballanti.) Ojo de Agua Redevelopment Amendment EIR for the City of Morgan Hill. Wagstaff and Associates recently completed an EIR for a major amendment to the city's redevelopment plan. The amendment would expand the city's existing redevelopment plan to provide the additional resources needed to facilitate further improvement in the redevelopment area and to specifically encourage employment development, affordable housing development, and an improved local jobs/housing ratio. A range of impacts were addressed including land use, .transportation, population, employment, housing, public services, noise, air quality, and cultural resources factors. (Subcontractor: DKS Associates) Rodeo Area Redevelopment Plan EIR. Wagstaff and Associates recently prepared the EIR for Contra Costa County's Rodeo Area Redevelopment Plan. The implications of past and future oil refinery activities for land use planning in the Rodeo area and the preservation of community character were two of the primary focuses of this program EIR. Other issues included population, housing, employment, public services, traffic, hydrology, noise, archaeology, and biotic resource impacts. The quality of the EIR document was commended by the Contra Costa County Plannin*g Commission. - . - - - - North Richmond Redevelopment Plan EIR for the Contra Costa County Redevelopment Agency. This EIR was prepared for a redevelopment plan proposed for the 800-acre, unincorporated community of North Richmond. Redevelopment plan provisions included assistance towards major road improvements, neighborhood commercial revitalization, industrial development programs, and,residential rehabilitation. (Subcontractors: Wilbur Smith and Associates, Charles M. Salter ASsociates). El Cerrito Redevelopment Plan Amendment EIR for the City of El Cerrito. Wagstaff and. Associates recently completed the EIR for a'substantial amendment to the El (~errito - Redevelopment Plan. The amendment was proppsed to continue and .expand the existing redevelopment program in order to address blighted conditions in El Cerrito, with an emphasis on several targeted areas of the city needing physical improvement. Much of the housing and infrastructure improvements were focused around the city's two BART stations. Funding of site acquisition and hazardous materials remediation were also important components of the WP511982819828-9. PRO Wagstaff and Associates City of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page IX-6 plan. A range of environmental impacts were assessed in this EIR, including land use and visual factors, public health and safety, jobs/housing balance, transportation, vegetation and wildlife, cultural resources, noise,and air quality. (Subcontractors: Korve Engineering, Illingworth & Rodkin, Donald Ballanti, and Geier & Geier Consulting, Inc.) Los Medanos Redevelopment Plan Amendment EIR for the City of Pittsburg. Wagstaff and Associates prepared the EIR for an amendment to the city's redevelopment plan that includes expansion of the redevelopment area to encompass over 2,000 additional acres of land. A number of environmental and planning issues are being assessed in this program EIR, including transportation, hazardous materials, public services and utilities, vegetation and wildlife impacts, jobs/housing balance, noise and air quality. (Subcontractors: DKS Associates, Don Ballanti, and Charles Patterson.) Morgan Hill General Plan EIR for the City of Morgan Hill. This project involved assessment of the community and environmental effects likely to result from adoption of four updated general plan elements: land use, circulation, housing, open space and conservation. Dominant concerns in the assessment were the effects of proposed plan policies on the regional balance between housing and jobs, on local and regional traffic problems, and on the city's post-Proposition 13 cost-revenue stream. (Subcontractor: LeBlanc & Company.) Sonoma General Plan EIR for the city of Sonoma. Wagstaff and Associates prepared a program EIR for the city's. 1994 comprehensive general plan update. Issues addressed included anticipated effects of the proposed community development policy changes on the pattern of local growth, on the valued historic character of the community, and on local and regional traffic, air quality, vegetation and wildlife, environmental noise, drainage, and municipal service concerns. (Subcontractors: Crane Transportation Group, Illingworth & Rodkin, and Donald Ballanti.) WP51 t9828t9828-9. PRO Wagstaff and Associates City of Cupertino June §, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page X-1 X. RESUMES OF ASSIGNED PERSONNEL JOHN WAGSTAFF, PRINCIPAL Professional Experience Principal; Wagstaff and Associates, Urban and Environmental Planning; Berkeley, California; · January 1988 to present. Firm owner, principal administrator, and supervisor of all office activities in environmental impact assessment, urban planning, urban design, visual impact analysis, and development master planning. Partner; Wagstaff and Brady, Urban and Environmental Planners; Berkeley, California; January 1979 to January 1988. Partner-in-Charge of firm activities in specific plan and community general plan formulation and numerous environmental impact documentation programs, including EIRs for a broad range of residential, commercial, industrial, institutional, and mixed-use projects. Associate; Sedway/Cooke, Urban and Environmental Planners and Designers; San Francisco, California; March 1974 to August 1978. Project manager for firm activities in the areas of specific plan formulation, environmental impact assessment, land management, urban design, community general plan formulation and revision, and community energy conservation. Managed numerous multidisciplinary teams including urban planners, traffic engineers, geologists, bi?iogists, urban economists, hydrologists, and acoustical engineers. . . . - . ~- Urban Planner; Brown/Heldt Associates, Environmental Planners and Landscape Architects; San Francisco, California; July 1973 to March 1974. Responsibilities included land use planning, central district rehabilitation planning, urban design, and development review consulting for West Coast and Midwest municipal planning departments. Architectural Designer; Architectural D'~vision, Department of Engineering, General Office, Pacific Gas and Electric Company; San Francisco, California; July 1967 to August 1971. Responsibilities included site and architectural design for industrial and commercial projects from small to very large scale including district and division office-complexes, service centers, and power generating plants .... WP51t982819828-10. PRO wagstaff and Associates City of Cupertino June 8, 1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page X-2 Education Master of Urban Planning (MUP), 1973, University of Oregon, Eugene, Oregon. Bachelor of Architecture (B. Arch.), 1967, California State Polytechnic University, San Luis Obispo, California. Publications and Papers "The Potential Impact of Industrialized Housing in the United States." University of Oregon. "An Integrated Land Development Guidance System for Lane County, Oregon." Lane County Plann_!~g Department and the Western Interstate Commission on Higher Education (WICHE). Honors and Fellowships Teaching Fellow; Urban Planning Department, School of Architecture and Allied A~ts, University of Oregon, Eugene, Oregon; 1972-1973 academic year. Lecturer on housing and urban renewal, industrialized housing processes, residential site design, and new concepts in residential land development including planned unit development. Seminar leader for "Introduction to Urban Planning," a three-unit undergraduate coucse. WICHE Intern; Lane County Planning Department and Western Interstate Commission on Higher Education (WlCHE). Identified procedures for and implications of consolidating all land development controls of the county into a single integrated ordinan~. Findings and recommendations published by WICHE. Professional Memberships American Planning Association Association of Environmental Professionals National Trust for Historic Preservation Urban Land Institute Western Governmental Research Association (WGRA) WP511982819828- lO. PRO Wagstaff and Associates ci~ of Cupe~ino June 8,1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page X-3 DONALD J. DEAN, SENIOR PLANNER Professional Experience Senior Planner; Wagstaff and Associates, Urban and Environmental Planners; Berkeley, California; June 1997 to present. Project manager for numerous CEQA compliance and urban planning projects. Responsibilities have included overall project management and client liaison, environmental research and analysis, and.editing/production for numerous commercial, residential, institutional, mixed-use, and redevelopment projects. Independent Environmental Consultant; Point Richmond and Mendocino, California; September 1987 to June 1997. Independent writer, analyst and project manager for a · ' variet~ ~f environmental and planning projects, including environmental impact reports, land use studies, general plan amendments, transportation reports, and redevelopment projects. Assignment and responsibilities included: · Planning Associate and Project Manager; Mills Associates, Moraga, California. Project manager for a variety of EIRs, negative declarations and land use studies. Organized Contra Costa County's first "book" of standard conditions of approval. · Project Manager; Omni-Means Traffic Engineering, Walnut Creek, California. Project manager and transportation planner for a variety of projects in San Francisco and the greater Bay Area. · Contract Planning Associate; extension to siaff for local Bay Area cities as project coordinator for large development applications. Environmentat Planner; EIP Associates, San Francisco, California; February 1984 to September 1987. Environmental planner, transportation planner and project manager responsible for preparation of environmental impa~ct'reports ahd nb_metous SEn Francisco and Bay Area transportation studies. Land Use Analyst; Association of Bay Area Governments, Oakland, California; 1983 to February 1984. Analyst for baseline documentation for ABAG "Projections" series. Education Master of City Planning (MCP), University of California at Berkeley, 1983 Bachelor of Arts, History, State University of New..York at Cortland, Ma~lna._Cum Laude, 1975. WP$1t982819828-10.PRO Wagstaff and Associates Ci~ of Cupe~ino June 8,1999 Professional Organizations American Planning Association Association of Environmental Professionals Proposal for Services Vallco Fashion Park Redevelopment Plan EiR Page X-4 WP511982819828- lO.PRO Wagstaff and Associates City of Cupertino June 8, 1999 NATALIE MACRIS, SENIOR PLANNER Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page X-5 Professional Experience Senior Planning Consultant to Wagstaff and Associates, Urban and Environmental Planners, Berkeley, California; February 1995 to present. Independent contractor for environmental impact assessment and urban planning projects. Responsibilities include project management, client and team liaison, environmental research, analysis, and editing for numerous residential, commercial, industrial, institutional, mixed-use, and redevel(~pment project EIRs. · .Urban and _E__nvironmental Planning Consultant; San Francisco, California; 1991 to present. Independent writer, editor, researcher, and p~oject manager for a variety of environmental and urban planning projects, including environmental impact reports, general plan housing elements, and background stu. dies for environmental and planning consulting firms, architectural firms, public agencies, and non-profit organizations. Associate Planner; Duncan & Jones; Berkeley, California; 1987 to 1990· Prepared environmental impact reports for numerous urban development and planning projects. Supervised teams of subconsultants. Revised and updated housing elements and other portions of city and county general plans. Assistant Planner; Department of Planning and Development; City of Fairfield, California; December 1986 to April 1987 (Planning Technician, June 1985 to December 1986). Responsibilities included processing development applications, preparing staff reports for the Planaing Commission and City Council, and providing public information and assistan(~e. Projects included drafting a general plan amendment to establish a residential density transfer system; designing the city's density bonus program for Iow- and moderate-income and senior citizen housing; and 'contributing to the revision of the Cordelia Area Specific Plan, an element of the city's general plan. Education Master of City Planning (M.C.P.), 1985, University of California at Berkeley. Bachelor of Arts, History (with Honors and Overall Academic Distinction), University of California at Berkeley, 1983. _ _ Publications and Papers "Artists' ,Live/Work Space in San Francisco: Strategies for Preservation and Development"; professional report. (Author) WP511982819828- lO. PRO Wagstaff and Associates Ci~ of Cupe~ino June 8,1999 Proposal for Services Vallco Fashion Park Redevelopment Plan EIR Page X-6 "Improving Our Bay-Delta Estuary Through Local Plans and Programs"; guidebook. (Editor) "Bay Area Innovations"; guidebook. (Editor) "Environmental Restoration at the Presidio"; fact sheet. (Author) How Cities Work; published book. (Editor) . . Professional Memberships American Planning Association ~Association ~of Environmental Professionals WP5119828~9828- I O. PRO TIME SCHEDULE THE ADOPTION OF THE REDEVELOPMENT PLAN FOR CUPERTINO VALLCO REDEVELOPMENT PROJECT CITY OF CUPERTINO July 13, 1999 SCHEDULED DATE July 9, 1999 July 12, 1999 2. July 15, 1999 3. Prior to July 19, 1999 4. July 15, 1999 5. July 19, 1999 6. July 19, 1999 7. ACTION 1. KMA transmits draft Preliminary Plan to STAFF and LEGAL COUNSEL for review Action or document required: ~- draft Preliminary Plan STAFF and LEGAL COUNSEL provide comments on draft Preliminary Plan to KMA Action or document required: ~- Comments on draft Preliminary Plan KMA prepares and transmits final Preliminary Plan to STAFF and LEGAL COUNSEL. Action or document required; :,,- Final Preliminary Plan STAFF and LEGAL COUNSEL identify property ownership and business interests through review of Statements of Economic Interests, if any, of AGENCY, City Council, and Planning Commission members and other City officials in the proposed Project Area and determine whether any conflicts exist. STAFF finalizes map and legal description for Cupertino Vallco Project Area. NOTES: · Must meet the requirements of the State Board of Equalization. Map and legal descrfption to be attached to Preliminary Plan. CITY COUNCIL designates survey area for Cupertino Vallco Redevelopment Project [H&SC§33310]*.' Action or document required: ~ Council Resolution No. PLANNING COMMISSION approves Preliminary Plan and forwards Preliminary Plan to AGENCY iH&SC {}{}33322 and 33325]. Action or document required: > Planning Commission Resolution No. · All references are to the Health and Safety Code unless otherwise noted. Keyser Marston Associates, Inc, h\Cuper'flno\LONG SCHEDULE - CUPERTiNO.doc Page 1 July 19, 1999 July 19, 1999 After July 19, 1999 July 20, 1999 After July 20, 1999 10. 11. 12. AGENCY receives Preliminary Plan, directs preparation of Redevelopment Plan, and authorizes transmittal of information to taxing agencies and officials. Action or document required: -- Resolution No. KMA transmits mailing list of taxing officials, affected taxing entities and State Board of Equalization to AGENCY STAFF and EIR CONSULTANT. Action or document required: ~- List of taxing officials, affected taxing entities and State Board of Equalization. STAFF and LEGAL COUNSEL review General Plan for compliance with state law. STAFF malls - certified mail/return receipt requested, Notice of Preparation of Draft EIR to: a) b) c) d) e) f) Responsible agencies [CEQA Guidelines §15082(a)]; Federal Agencies [CEQA guidelines §15082(a)]; Trustee Agencies [CEQA Guidelines {}15082(a)]; Affected taxing entities iH&SC §33333.3] Cities and counties which border the City [Public Resources Code {}21153]; and If the Project has statewide, regional or areawide significance, transportation planning agencies or public agencies with potentially affected transportation facilities [Public Resources Code {}21092.4]. If any of the above agencies are state agencies, a copy of the Notice must be sent to the State Clearinghouse [CEQA Guidelines {}21092.4]. AGENCY STAFF posts the Notice with the County Clerk for 30 days [Public Resources code {}21092.3]. The Notice must state whether any portion of the Project Area is on the hazardous waste lists compiled under Government Code {}65962.5 [Public Resources Code {}21092.5]. Action or document required: ~- Notice of Preparation EIR CONSULTANT commences preparation of a Draft Environmental Impact Report. Action or document required: > Draft EIR Keyser Marston Associates, Inc. h\Cuperfino\LONG SCHEDULE - CUPERTINO.doc Page 2 After July 20, 1999 August3,1999 13. Additional EIR Consultations: 14. The AGENCY may call a scoping meeting to obtain comments from public agencies and others regarding the environmental impact report and the environmental review process. LEGAL COUNSEL delivers draft proposed Redevelopment Plan and OP Rules (Rules for Owner Participation and Extension of Reasonable Preferences to Businesses) to STAFF and KMA for review and comments Action or document required: ~- Draft Proposed Redevelopment Plan ~.- Draft OP Rules August 17, 1999 August 20, 1999 15. 16. STAFF and KMA transmits written comments on draft proposed Redevelopment Plan and OP Rules to LEGAL COUNSEL. Action or document required: :,.- Written comments on draft Redevelopment Plan and draft OP Rules Proposed AGENCY STAFF transmits (a) legal description and map of boundaries of Project Area, (b) statement that Redevelopment Plan is being prepared, and (c) indication of the last equalized assessment roll (1999-2000) proposed to be used for tax increment allocations, to the County Auditor, Assessor and Tax Collector, to the State Board of Equalization and to the governing bodies of all taxing agencies in the Project Area [H&SC §§33327 and 33328]. Action or document required: :,-- Letter & Statement - preparation of Redevelopment Plan; ~- Filing Fee (to State Board of Equalization) Additional Options: AGENCY may also request County Auditor to include in its report assessed valuation data for the past five years (instead of the standard proceeding one-year date only). NOTES: · Upon receipt of this information, COUNTY FISCAL OFFICER begins preparation of report identifying total assessed valuation of all taxable property within Project Area for the preceding year (or, if requested by the AGENCY, for the preceding five years), each Keyser Marston Associa~s, Inc. I:\Cupertino\LONG SCHEDULE - CUPERTINO.doc Page 3 August 23, 1999 August24,1999 September 6, 1999 19. September 17, 1999 20. September 17, 1999 21. October1,1999 22. October 1, 1999 23. October 11, 1999 taxing entity receiving taxes, estimated taxes available to the AGENCY, etc. iH&SC §33328]. If subsequent to receiving the report of the County Fiscal Officer a different assessment roll will be used, additional specific procedures are required under H&SC §33328.5. 17. All comments due in response to Notice of Preparation of Draft EIR (30 days from receipt of NOP) [Public Resources Code §21080.4; CEQA Guidelines §15082(b)]. 18. LEGAL COUNSEL delivers final draft Redevelopment Plan and OP Rules to STAFF and KMA. Action or document required: ~ Final draft Redevelopment Plan ~- Final OP Rules AGENCY adopts OP Rules (Rules for Owner Participation and Extension of Reasonable Preferences to Businesses). Action or document required: ~- Resolution No. EIR Consultant delivers administrative Draft EIR to STAFF, KMA and LEGAL COUNSEL for review and comment. Action or document required: ~ Administrative Draft EIR KMA delivers Draft Preliminary Report to STAFF and LEGAL COUNSEL for review and comment. Action or document required: · .- Draft Preliminary Report STAFF, KMA, and LEGAL COUNSEL transmit written comments on administretive Draft EIR to EIR CONSULTANT. Action or document required: ~ Written comments on administrative Draft EIR STAFF and LEGAL COUNSEL transmit written comments on Draft Preliminary Report to KMA. Action or document required: ~ Written comments on Draft Preliminary Report 24. EiR Consultant delivers final Draft EIR to STAFF. Action or document required: ~- Draft EIR Keyser Marston Associates, Inc. I:\Cuperlino\LONG SCHEDULE - CUPERTINO.doc Page 4 October 11, 1999 October 14, 1999 October 14, 1999 October 18, 1999 October 18, 1999 October 18, 1999 October 19, 1999 25. KMA submits final Preliminary Report to STAFF. 26. Action or document required: ~- Final Preliminary Report Newspaper publishes one time, at least ten days before the applicable meeting, notice of public information meeting regarding Redevelopment Plan. Newspaper provides Agency with affidavits of publication. [H&SC §33385]. Action or document required: ,- Notice of Meeting (s); ~- Affidavits of Publishing 27. STAFF mails (first class mail) to all businesses in the Project Area notice of public information meeting . STAFF prepares affidavits of mailing.[CRL {}33385]. Action or document required: ~ Notice of Meeting (s); ~- Affidavits of Publishing 28. AGENCY receives Draft EIR and authorizes Draft EIR to be circulated [CEQA Guidelines §15084]. Action or document required: > Resolution No. > Draft EIR 29. AGENCY determines adequacy of Preliminary Report and refers it to each affected taxing entity IH&SC §33344.5]. Action or document required: ~- Resolution No. ~ Preliminary Report 30. AGENCY refers proposed Redevelopment Plan to PLANNING COMMISSION for its report and recommendation within 30 days [H&SC §§33385]. Action or document required: Resolution No. Proposed Redevelopment Plan Transmittal letter 31. STAFF transmits Preliminary Report, Draft EIR, and Redevelopment Plan to affected taxing entities. Action or document required: ~- Preliminary Report Keyser Marston Associates, Inc. I:\Cupertino\LONG SCHEDULE - CUPERTINO.doc Page 5 October 19, 1999 After October 1999 October 20, 1999 October 25, 1999 October 27, 1999 November 8, 1999 32. 19, 33. 34. 35. 36. 37. · ,-Draft EIR · .-Proposed Redevelopment Plan > Transmittal Letter STAFF flies Notice of Completion with the Office of Planning and Research [Public Resources Code §21161] and circulates Draft EIR to concerned agencies and individuals and to each affected taxing entity for a 45-day review period. STAFF also publishes notice inviting public comments on Draft EIR, and posts such notice with the County Clerk for 30 days [Public Resources Code §§21092, 21092.3 and 21153; CEQA Guidelines §15087; H&SC §33333.3]. Action or document required: :,,- Notice of Completion :-- Public Notice STAFF consults with each taxing entity that receives taxes from property in the Project Area and prepares a summary of the consultation [H&SC §§33328 and 33352]. NOTE: This must occur prior to publication of the notice of public hearing on adoption of the Redevelopment Plan. The summary of this consultation must be included as part of the AGENCY Section 33352 Report to the City Council. County Fiscal Officer's Report due within 60 days of the date of filing by the AGENCY with the State Board pursuant to Section 33327, and is submitted to the AGENCY and all affected taxing entities [H&SC §33328]. Action or document required: ~- County Fiscal Officer's Report PLANNING COMMISSION reviews application for initial use permit. Staff will introduce project and present potential issues. STAFF conducts public information meeting on proposed Redevelopment Plan. NOTE: · Staff must make proposed Redevelopment Plan available to residents, businesses and community organizations [H&SC §33385]. PLANNING COMMISSION reviews proposed Redevelopment Plan and Draft EIR and submits report and recommendations concerning Redevelopment Plan to AGENCY IH&SC §33347]. Action or document required: Keyser Marston Associates, Inc, k\Cupertino\LONG SCHEDULE - CUPERTINO.doc Page 6 ~ Planning Commission Resolution No. November 24, 1999 38. December 3, 1999 39. December 6, 1999 40. December 8, 1999 41. KMA delivers draft Report to the City Council on the Redevelopment Plan to STAFF and LEGAL COUNSEL for review and comment. Action or document required: ~- Draft Repod to the City Council. Last day for receipt of public comments on Draft EIR. AGENCY STAFF and EIR CONSULTANT evaluates comments received from agencies and persons reviewing Draft EIR and prepares Final fIR [Public Resources Code §§21092 and 21153; CEQA Guidelines §§15087, 15088 and 15089]. Action or document required: ~-- Final fIR STAFF and LEGAL COUNSEL submit written comments on the draft Report to the City Council to KMA. Action or document required: :,.- Written comments on the draft Report to the City Council. PLANNING COMMISSION reviews initial use permit and submits recommendation to the CITY COUNCIL. Action or document required: ~- Planning Commission Resolution No. December13,1999 42. December 20, 1999 43. December 20, 1999 44. KMA delivers final Report to the City Council on the Redevelopment Plan to STAFF and LEGAL COUNSEL. Action or document required: ;> Final Report to the City Council. CITY COUNSEL receives PLANNING COMMISSION's recommendation regarding initial use permit and adopts resolution approving use permit. Action or document required: :,-- City Counsel Resolution No. AGENCY adopts its Report to the City Council on the Redevelopment Plan, then submits Report, and proposed Redevelopment Plan to City Council, and requests holding joint public hearing on Redevelopment Plan and Final EIR IH&SC §{}33351,33352 and 33355]. Action or document required: > AGENCY Resolution No. }(eyser Marston Associates, Inc. I:\Cupertino\LONG SCHEDULE - CUPERTINO.doc Page 7 December 20, 1999 45. December 21, 1999 46. January3,2000 47. CITY COUNCIL receives documents from AGENCY and consents to joint public hearing on Redevelopment Plan [H&SC §33355]. Action or document required: ~- Council Resolution No. EIR Consultant delivers Administrative Final EIR to AGENCY STAFF and LEGAL COUNSEL for review. Action or document required: ~- Administrative Final EIR AGENCY STAFF and LEGAL COUNSEL transmit comments on Administrative Final EIR to EIR CONSULTANT. Action or document required: ~ Wdtten comments on Administrative Final EIR January 5,2000 48. January 5,2000 49. January 5,2000 50. STAFF sends to newspaper notice of joint public hearing on Redevelopment Plan. The notice must contain a map of the of the Project Area and a general statement of the scope and objectives of the Redevelopment Plan. Newspaper publishes notice once a week for four successive weeks on January 10, January 17, January 24, and January 31,2000 IH&SC §§33349 and 33361]. Action or document required: ~ Notice of Joint Public Hearing ~ Affidavit of Publication STAFF mails copies of notices of joint public hearing and statement regarding property acquisition to properly owners in Project Area by first class mail. Notice and statement are mailed to last known assessee of each parcel of land as shown on the records of the County Recorder 30 days prior to the date the notice is published [H&SC §§33349 and 33350]. Action or document required: Notice Statement Affidavit of Mailing STAFF mails - certified mail/return receipt requested, copies of the notice of joint public hearing to the governing body of each of the taxing agencies which receives taxes from property in the Project Area [H&SC §33349]. Keyser Marston Associates. Inc. h\Cuperfino\LONG SCHEDULE - CUPERTINO.doc Page 8 January5,2000 51. January10,2000 52. January 17,1999 53. ByJanuary 27,2000 54. By January27, 2000 55. By January27, 2000 56. Action or document required: :,-- Notice ~- Affidavit of Mailing STAFF mails, by first class mail, copies of Notice of Joint Public Headng to all businesses in the Project Area at least thirty (30) days pdor to hearing [H&SC §33349(c)]. Action or document required: :-- Notice of JPH NOTE: Notice can be addressed to "occupant. STAFF, EIR CONSULTANT, AND KMA complete preparation of Final EIR and Section 33352 Report to the City Council, and either mail responses or send Final (supplements) EIR to public agencies who commented on the Draft EIR at least 10 days prior to the joint public hearing [Public Resources Code §21092.5]. Action or documents required: Final EIR; Section 33352 Report; Send either written responses or Final EIR to those who submitted comments. AGENCY STAFF and LEGAL COUNSEL finalize review final EIR (Supplement to the Report to Council STAFF obtains court reporter for public hearing transcripts and prepares Procedural Outline and attaches certified copies of exhibits for the joint public hearing, including Affidavit of Publication, Affidavit of Mailing Notice to Taxing Agencies, Affidavit of Mailing Notice to Businesses, certification of certain official actions, REPORT to CITY COUNCIL, Final EIR, Redevelopment Plan, Owner Participation Rules and written comments received. Action or documents required: ~- Procedural Outline with exhibits listed above. STAFF reminds all scheduled speakers of February 7, 2000 hearing and sends them copies of the Procedural Outline. Action or documents required: ~- Procedural Outline with exhibits STAFF prepares agenda and form for speakers at hearing. Action or documents required: ,-- Agenda; Speaker Forms Keyser Marston Associates, Inc. I:\Cupertino\LONG SCHEDULE - CUPERTINO.doc Page 9 February 7, 2000 February 7, 2000 (or February 14 if written objections are received) February 7, 2000 (or February 14 if written objections are received) 57. 58. 59. CITY COUNCIL and AGENCY hold joint public hearing on Redevelopment Plan and hear all evidence and testimony for and against adoption of redevelopment. AGENCY acts on adoption of Redevelopment Plan and certification of Final EIR. a) AGENCY adopts resolution certifying completion of Final EIR and makes findings based upon consideration of the Final EIR (CECA Guidelines §§15091, 15092 and 15093]. Action or document required: AGENCY Resolution No. b) AGENCY adopts resolution finding that the use of taxes allocated fi.om the Project for the purpose of improving and increasing the community's supply of Iow- and moderate- income housing outside the Project Area will be of benefit to the project (required if the Project Area does not include sites for iow- and moderate-income housing) IH&SC §33334.2(g)J. Action or document required: AGENCY Resolution No. CITY COUNCIL acts on adoption of Redevelopment Plan and consideration of Final EIR. a) CITY COUNCIL considers Report of AGENCY, Final EIR, report and recommendations of Planning Commission and all evidence and testimony for and against the proposed redevelopment Plan and, if applicable, adopts written findings in response to each written objection to the redevelopment plan fi.om affected taxing entities and property owners received prior to or at the joint public hearing (H&SC §33363]. Action or document required: :,.- Council Resolution No. :,.- Written objectives; written findings. b) CITY COUNCIL adopts resolution finding that the use of taxes allocated fi.om the Project for the purpose of improving and increasing the community's supply of Iow- and moderate- income housing outside the Project Area will be of benefit to the Project (required if the Project Area does not include sites for Iow- and Keyser Marston Associates, Inc. h\Cuperfino\LONG SCHEDULE - CUPERTINO.doc Page 10 moderate-income housing) [HS&C §33334.2(g)]. Action or document required: > COUNCIL Resolution No. c) CITY COUNCIL adopts resolution making findings based upon consideration of the Final EIR [CEQA Guidelines §15096(e), (f), (g) and (h)]. Action or documents required: ~ Council Resolution No. February 14, 2000 (or February 21,2000 if written objections received) February 15, 2000 (or February 22, 2000 if written objections received) 60. 61. d) After consideration of all objections and adoption of written findings in response to written objections from property owners and affected taxing entities, if any then CITY COUNCIL introduces Ordinance adopting the proposed redevelopment plan for first reading iH&SC 33364]. Action or document required: Ordinance No. CITY COUNCIL has Ordinance adopting §§33365 and 33366]. second reading and adopts Redevelopment Plan iH&SC Action or document required: ~- Ordinance No. AGENCY Secretary/City Clerk file Notice of Determination re: Final EIR with County Clerk and, if necessary, the Office of Planning and Research within 5 working days [Public Resources Code {}21152; CEQA Guidelines §§15094 and 15096(i )], with payment of Department of Fish and Game fees required, if any [Public Resources Code §21089]. Action or document required: ~.- Notice of Determination NOTES: · Make sure Notice of Determination is filed on behalf of both the AGENCY and the City Council (as a responsible agency). · Make sure the County Clerk posts this Notice [Public Resources Code §21152], as the 30-day statute of limitations doesn't run unless and until it is posted in the County Clerk's ofF/ce. Keyser Marston Associates, Inc. I:\Cuperfino\LONG SCHEDULE - CUPERTINO,doc Page 11 February 15, 2000 (or February 22, 2000 if written objections received) February 15, 2000 (or February 22, 2000 if written objections received) February 15, 2000 (or February 22, 2000 if written objections received) 62. CITY CLERK sends Ordinance to newspaper for publication. 63. 64. CITY CLERK sends copy of Ordinance adopting Redevelopment Plan to the COMMISSION IH&SC §33372]. Action or document required: ;,-- Letter from Clerk transmitting Ordinance. CITY CLERK records, with County Recorder, description of land in Project Area and statement that redevelopment activities have been commenced IH&SC 33373]. Action or document required: ~ Letter from Clerk filing documents; ~ Notice of adoption of redevelopment Plan to be recorded. February 15, 2000 (or February 22, 2000 if written objections received) Immediately following February 15th or 22"d Immediately following February 15th or 22"d March 23, 2000 (or March 30, 2000) 65. CITY CLERK notifies the Building Department of the adoption of the redevelopment Plan and its effect upon their operations [H&SC §33374]. 66. Ordinance is published [Government Code §36933] 67. 68. CITY CLERK transmits - by certified mail/return receipt requested, a copy of Ordinance adopting the redevelopment plan, legal description of land within the Project Area and map or plat indicating boundaries of Project Area to County Auditor and Tax Assessor, to State Board of Equalization and to all taxing agencies in Project Area [H&SC §33375]. Action or document required: ~- Letter from Clerk transmitting documents. Ordinance adopting redevelopment plan becomes effective 30 days after adoption IH&SC §33365 and 33378]. Planing Commission meets 2"d an 4th Monday of the month City Council/Agency meets 1't and 3r~ Monday of the month Keyser Marston Associates, Inc. h\CupeCdno'J. ONG SCHEDULE - CUPERTINO.doc Page 12