SUBJECT: APPROVAL OF FIRST AMENDMENT TO THE DAVID J ...

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May 10, 2005 ... POWERS & ASSOCIATES AGREEMENT FOR EIR ... David J. Powers & Associates for consultant services related to the preparation of.

BOARD AGENDA: ITEM:

5/10/05 8.3

HONORABLE MAYOR, CITY COUNCIL, AND REDEVELOPMENT AGENCY

HARRY S. MAVROGENES DEL D. BORGSDORF

SEE BELOW

MAY 10, 2005

SUBJECT:

APPROVAL OF FIRST AMENDMENT TO THE DAVID J. POWERS & ASSOCIATES AGREEMENT FOR EIR PREPARATION

RECOMMENDATION It is recommended that the City Council and Redevelopment Agency Board take the following actions related to the proposed modification to the North San Jose Area Development Policy: (a) Adoption by the City Council of the following Appropriation Ordinance and Funding Sources Resolution amendments in the Water Utility Capital Fund: (1) Establish a Transfer to the Redevelopment Agency in the amount of $35,000 for consultant services related to the Rincon de Los Esteros Redevelopment Plan; and, (2) Decrease the appropriation to the Environmental Services Department for Master Plan Engineering project by $35,000. (b)

Adoption by the Agency Board of the following resolutions: (1) Approving the addition of $35,000 to FY 2004-05 Adopted Other/Miscellaneous revenue from the City Water Utility System Master Plan Engineering Capital Improvement Program, detailed on Attachment A: and (2) Approving the addition of $35,000 to Adopted FY 2004-05 Capital Budget Rincon de Los Esteros Redevelopment Area – Industrial Work Program: Implementation project line, as detailed on Attachment A; and

Honorable Mayor, City Council, Agency Board DAVID POWERS & ASSOCIATES CONTRACT AMENDMENT

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(3) Amending the FY 2004-05 Agency appropriations resolution, as detailed on Attachment A; and (4) Approving a first amendment to the Agreement with David J. Powers & Associates, in the amount of $50,000 for a total contract amount not to exceed $250,000, to complete the scope of services associated with preparing the North San Jose EIR for certification, and extending the term of the agreement by three months, through September 30, 2005.

BACKGROUND On June 29, 2004, the Redevelopment Agency Board approved an agreement with David J. Powers & Associates for consultant services related to the preparation of an Environmental Impact Report (EIR) for proposed modifications to the North San Jose Area Development Policy. The original scope of services was estimated to cost $200,000 and was scheduled to be completed by June 2005. Staff is recommending an amendment to the contract to add funds to complete the existing scope of services, additional services, a new assessment that needs to be completed to meet State requirements, and to extend the term of the agreement to retain the consultant through September 2005.

ANALYSIS The consultant began work on the preparation of the EIR almost immediately after the June 2004 Agency Board approval of the agreement. The complexity of the EIR grew well beyond staff estimation as the project evolved, demanding that more resources and more time be expended on the effort. For example, due to the significant physical area encompassed by the Rincon de Los Esteros project area and the substantial amount of development capacity proposed, the project description itself took several months to create and required several substantial revisions. Additionally, the sheer size of the traffic analysis, and the need to evaluate so many intersections and freeway segments, resulted in a significantly larger amount of work than staff or the consultant had envisioned. Staff has worked closely with the consultant during the past year and knows that the consultant has expended many more hours in preparing the EIR analysis for traffic and other related areas and in explaining the impacts, mitigations and consistency with relevant City plans and policies than the project was scoped to provide. The consultant has also incorporated new information and recommendations from David Powers Amendment

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staff, trade associations and the corporate community, neighborhood associations and other impacted and interested parties. Almost all of the funding allocated to the project has been expended at this time, leaving several necessary tasks to be completed between now and the Council hearing scheduled on June 21st to consider certification of the Final EIR. In addition, staff has become increasingly aware of the complexity of the requirements under Senate Bill (SB) 610 regarding the preparation of a water supply assessment for the project and the provision of documentation of water demand and supply within the Municipal Water System’s North San Jose service area, and recommends that the consultant be allowed to retain the services of a subconsultant to supplement the water supply analysis already prepared in order to develop a more detailed assessment. The assessment is expected to cost $35,000. Accordingly, staff is recommending an amendment to the consultant agreement to: (a)

(b) (c)

Add funds to respond to public comments and prepare the Final EIR for consideration by the Planning Commission on June 2, 2005 and then, if the EIR is certified by the Planning Commission but that certification action is appealed to the City Council, the consideration of the Final EIR by the City Council on June 21, 2005; Add funds to allow the consultant to complete a more detailed water demand and supply study and assessment; and Extend the term of the agreement from June 2005 to September 2005 to allow the consultant to assist in fully completing the effort after the proposed certification of the EIR and North San Jose Area Development Policy.

The cost to complete the scope of work described in (a) above is estimated at $15,000 and will be paid for by funds available in the Redevelopment Agency FY 2004-05 Adopted Capital Budget in the line item titled Rincon de Los Esteros: Industrial Work Program. Costs to complete the scope described in (b) above will be funded through a transfer of funds to the Redevelopment Agency from the City’s Water Utility Capital Fund in the amount of $35,000. Total compensation associated with this amendment to the consultant agreement is $50,000 for a total contract amount of $250,000. Staff is also recommending an extension to the term of the agreement from June 30, 2005 to September 30, 2005 to ensure completion of consultant services necessary beyond the hearings on the proposed certification of the EIR.

David Powers Amendment

Honorable Mayor, City Council, Agency Board DAVID POWERS & ASSOCIATES CONTRACT AMENDMENT

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COORDINATION This action has been coordinated with the Departments of Planning, Building and Code Enforcement; Environmental Services; Transportation; and Public Works; Office of Economic Development; City Attorney’s Office; City Manager’s Budget Office; and the Agency’s General Counsel.

FISCAL IMPACT The proposed addition of $35,000 to the Agency’s Adopted FY 2004-05 Capital Budget Rincon de Los Esteros Redevelopment Area – Industrial Work Program: Implementation project line will have zero impact to the capital reserve, as detailed on Attachment A.

____________________________ DEL D. BORGSDORF City Manager

Attachment

David Powers Amendment

________________________ HARRY S. MAVROGENES Executive Director