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HomeMy WebLinkAboutEIR 81-09; HUNTINGTON PALOMAR; Environmental Impact Report (EIR)so t O CO In'ltt C? CCtt line. 4*1_ ...-FEDERAL GRANT APPLICATION/AWARD NOTIFICATION I APPLICATtON OA.-E: STATE OF CALIFORNIA 'ATE CLEARINGHOUSE (916114-6 0613 )t.JCA I O.g.n.tiOnal Un,t - .. 4. AUG 55-.Srnel or P.O. Boa.Z FEDERAL- EMPLOYER -iz.V I : 5.CIT.'r' . G. COUNTY - ZSTATE[a-.ZIPCOOE - 9. PRO G TITLE /NO. (Ca IoolPeoDorn 10. TY4S OF ACTION TYPE OF CHANGE (CornpI.reif 105 or ICc hecirad) . 4. EXTiNGFEO C e DN,w- c U Modifleetion. a[J increaa Dollar, D,ratioi-, DOthee Scop.-CN ,. tD , e ' b DCancellat,on - yr mo. 19.APPCicANT TYPE FuNosREauesreo(Fcar,sa.o.,v.A,,,c ijJ . . 15. REpUESTBi:1 PUFIG STARV . 19__ A. State- F. School 06trict 20: PEOEEAZ. 1 /5 16.FtJhOSDUPATION-. - _..JMor,tn,) R. iotar,tnte- - C. Co.omunityAcrioreAgenc' 27.S7-ATE • -: . yr mo. C. SobSr,tDi,t I-P. Sponeo,,dOrgan.zartoi, 22,t.00AC 17; SEt PROJ8rSTAPT l9..... D. County. L Indiec 23. 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None atcached-DocamvertWill BleED warclecOrr - - . action, policAanci -. - - -: - - -. Approximately- :- . -- -- - - - YES IT) NO i1 - - -.. •. - - - -- - More. • Day- - Year g Is To tcovercd by AOI - IF Ncr El FedaralP gamDoegNorRequirleAreEro4ronment3l Document rrD. IV? -- - -. El Pro ExernprUr4erSrar3.CatcoricaP Exemption, Cbs, • .- yes. isJP eeced? -- ...l .:..• -. . NO I_s ITEMS 32-38 TO BE COMPLETED BY CLEARINGHOUSE MULTIPLE I 32.CLSARtNGHOUSE ID J - 0 CLEARINGHOUSE - 33 a tCTION BASSO ON 33. b ACTION TAKEN REVIEW OF DNotifleecion a 0 With Comment C 0 Waived I STATE APPLICATION PIER (s-\i) WENT? ._LP I I DApp;ication 5 DWithoatCoovnent d 0 Unfavorable State Number STATE WIDE County! City County! City County! City County! City County! City Countyl 35.CLAR?NGHOUS8 Ping Area Ping Area Ping Area Ping Area Ping Area Ping Are IMPACT CODE DYosio I I I I 35.SThTE PLAN REQUIRED 1. RECEIVING DATE - YC 1110 Cay 33 aS1GNATURE OF CR OFFICIAL • AT CLE U ARINGHOSE 19_ -- Ye, No 38. FINAL CH ACTION DATE Yr COO - . ITEMS 39-43 TO BE COMPLETED BY APPLICANT BEFORE SENDING FORM TO FEDERAL AGENCY TE T1PICATZOF- The-applicantcvetifin-s that to Ws. bmtot hi,.knamIedga and 5n6e7 tIcrabove data are true and ,Check box if ctetirin9house- r - anettilingot thie.for,n habEi-ee, duly authorized by the oeerning body of the-applicant. •tCsXnle is attached. 40. at-LAME (Print orType)-- - b TITLE - C SIGNATURE of Authorized hpres-entactya - d TELEPHONE ML _J 141. 04T5 MAILEGTO PEDERALISTATE AGENCY • yr - noon day. 43.. NAME OF FEDERAL / STATE AGENCY - - - . - - - TO WI-P1C1-f TI-I 1APPt?CATION SUBMITTED t ITEMS 43-54 TO BE COMPLETED BY FEDERAL OFFICE EVALUATING AND RECOMMENDING ACTION ON THE APPLICATION - 43. GFANT APPLICATION ID 52. Application Recd. 53a E.D. Action Date 1s•mpIete 53.1, NCr A1, :(Aes;oned by Federal Agancvi - yr ma day yr mu day • - - - - 53.a OR b 19 -. 44.C1ANTOR AGENCY • Amended Apple. D RC. E•t,ec tee 54. E.P. ActIon Revised • fl Seii..uu • V Received E V Acton Date A, Of .01 V 45.O1CAr'1IZATIONALUNIT S yr Coo day I S er sic ccv yr ma clay • St - I 0 19 I 0 19 - 9 - I 0 146 AMINISTE RING OFFICE N s 19 19 N iS 19 19__ N -- - s s - 4/A90H53..- St. tc,P 0 110 4a. C TV 1 ? EPHUNE - 556510 BC COMPLL TED IIY Till. Ff0FR\L zz.C?i AilIiflOViiG TE AN7 .a?i'LICATl0e r IINII = •.L Ill.i'l r Pill 1 55. A 3D At-,inrI.,d t, 0 FICINCtCB C ses. ri/FlOE Av,\ILA:IIF Ii -IT II FjWHI-4AL-ANro 4 tidy t d;flj5 .$pfliiJVCU jrl.r U IldfliSl .11711W Lflhiflrfli. (ii #17G. 11 lit Ufl. 19_ - FEO3F?ALA'JQU.dT(F Y__fnds) I 67. S TA rE sktAHE SHAH I (/$__________ 63. OTHER I 63. I-OrAL (Id). 61. 62. 631 ( I S (1. If after the information you have submitted has been reviewed, it is determined ' that further informatlo s required, you will be so a ed. ! APPLICANT: HUNTINGTON BEACH COMPANY, a California corporation Name (individual, partnership, joint venture, corporation, syndication) 2110 Main Street, Huntington Beach, California 92648 Business Address (714) 960-4351 Telephone Number AGENT: Name Business Address Telephone Number MEMBERS: SEE ATTACHED Name (individual, partner, joint Home Address venture, corporation, syndication) Business Address Telephone Number Telephone Number Home Address Business Address elephone Number Telephone Number (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is trua and correct and that it will remain true, and correct and may be relied upon as being true and correct until amended. .11 HUNTINGTON BEACH COMPANY pplicant BY Agent, Owner, Partner (iJt&- f,ti7.~ItgIi T •.. -... . HUNTINGTON BEACH COMPANY, a California corporation 2110 Main Street, Huntington Beach, California 92648 Incorporated May 4, 1903, Los Angeles, California Number of Shareholders - 162 OFFICERS W.E.Foster, President 595 Market St., San Francisco, CA 94105 R.3.Work, Vice President 2110 Main St., Huntington Beach, CA 92648 R.W.Williams, Vice Pres. 2110 Main St., Huntington Beach, CA 92648 L.M.Netherton,Vice Pres. 2110 Main St., Huntington Beach, CA 92648 G.3.Goodwin, Vice Pres. 2110 Main St., Huntington Beach, CA 92648 3.D.Froggatt, Secretary 225 Bush St., San Francisco, CA 94104 W.E.lensen, Treasurer 225 Bush St., San Francisco, CA 94104 Mrs.S.M.Ekstrom,Asst.Sec: (2110 Main St., Huntington Beach, CA 92648 T.B.Rollins, Asst. Secy 2110 Main St., Huntington Beach, CA 92648 D.T.lones, Asst. Secy 2110 Main St., Huntington Beach, CA 92648 D.P.Smay, Asst. Treasurer 225 Bush St., San Francisco, CA 94104 . AGREEMENT THIS AGREEMENT is made this $h1 day of ______ 1982, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and DONALD A. COTTON & ASSOCIATES, hereinafter referred to as CONSULTANT. RECITALS WHEREAS, the city, has entered into an agreement with the Huntington Beach Company, hereinafter called the "Applicant", wherein the city agrees to prepare an Environmental Impact Report for the proposed project identified as a specific plan and subsequent tentative map. The subject property is located north side of Palomar Airport Road southwest of Palomar Airport and is more precisely shown an the plat marked Attachment 1, attached hereto and made--a part hereof; and WHEREAS, the Consultant has the qualifications to pre- pare the required Environmental Impact Report; and WHEREAS, it is understood that the Consultant shall be an independent contractor of the city; NOW, THEREFORE, in consideration of their mutual conve- nants andconditions, the parties hereto agree as follows: (1) DUTIES OF THE CONSULTANT Consultant shall prepare an Environmental Impact Report for the subject project in accord with the California Environ- meiital Quality Act as implemented by the State Guidelines and by City in Title 19 of the Carlsbad Municipal Code and its implementing resolutions. In carrying out this obligation', the Consultant's duties shall include the following: (a) The Consultant shall (1) make all necessary and required field explorations, review and tests; (2) make all necessary and required laboratory tests and analysis; (3) appear and be prepared to answer questions and prepare testimony on the final Environmental Impact Report at all public hearings before the Planning Commission and the City Council prior to the certification of the report; (4) make all reports necessary to comply with the require- ments of this section. Before preparing the draft repor't, the Consul€ant shall submit Live copies of a preliminary report (screen check EIR) to the - Planning Director for staff review. The consultant shall revise the preliminary report as requested by staff in order to make it suitable for draft EIR review. (b) Consultant shall prepare a draft report in compli- ance with the Work Program contained in Attachment •2 (unless otherwise stated in this agreement), at- tached hereto and made a part hereof and with applicable state law and city ordinances. The Con- sultant shall submit to city-fifty copies (in 3 ring binders) plus a reproducible master of the draft EIR tor the. city. -2- A :• (c) Consultant shall attempt to determine as soon as possible in his study of the area involved, those factors which-could severely inhibit or prohibit the proposed project. If it appears that such fac- tors are present, he shall so inform the Planning Director who in turn Will discuss with the appli- cant the feasibility of continuing with the report. The objective of this subsection of the agreement is to minimize the cost if these adverse factors exist. (d) Consultant shall prepare and file with the city a written response to all comments received subse- quent to public, notice that the draft environmental impact report has been filed. Consultant shall also prepare any responses necessary to matters raised at the public hearings. The written response shall be prepared in a form that will permit attachment to termination. In that event, all finished or unfinished documents and other materials prepared -pursuant to this agreement shall, at the option of the city, become its property. (2) DUTIES OF THE CITY (a) The City will make payment to the Consultant as pro- - vided for in this agreement. -3- . . (b) The City will make available to the Consultant any do- cument, studies, or other information in its possession related to the proposed project. (c) The City will review the Preliminary Report presented by the Consultant within fourteen working days of their receipt and make written comments to the Consultant within this time period. (d) The city shall provide the consultant with copies of all written comments received on the draft Environ- mental Impact Report subsequent to public notice that the draft Environmental Impact Report has been filed and is available for public review. (3) TERMINATION OF AGREEMENT The city may terminate this agreement at any time by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least fifteen days before the effective date of such preliminary report as re- quested by staff in order to make it suitable for draft EIR review. (4) RELEASE OF INFORMATION BY CONSULTANT Any reports, information or other data, prepared or assem- bled by the Consultant under this agreement shall not be made available to any individual or organization by the con- sultant without the prior written approval of the city. . S (5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF ENVIRON- MENTAL IMPACT REPORTS AND OTHER MATERIALS All documents and materials prepared pursuant to this agree- ment are the property of the city. The city shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this agreement. (6) PAYMENT The Consultant will be paid a maximum of $5,320.00 dollars for all work necessary to carry out the requirements of this agreement. Actual payment shall be based on the cost of the report based on the costs as set forth in Attachment 2. The Consultant shall be paid sixty percent of the compensable services completed within 15 days after receipt of his invoice for the completion of the draft Environmental Impact Report in accordance with Paragraph 1 above. The Consultant will be paid twenty-five percent upon acceptance by the city of the response to comments from the Consultant, the final fifteen percent will be paid not to exceed the maximum amount provided in this agreement within thirty days after receipt of invoice, to be submitted after the certification of the Environmental Impact Report by the City Council. -5- S . (7) TIME OF COMPLETION Time is of the essence in carrying out the terms of this agreement. It is understood that inclement weather con- ditions may delay the completion of field work. The Consul- tant will be allowed as 'many additional days as are nec- essary to compensate for days lost due to inclement weather. The Consultant shall submit to the city five copies of the Preliminary Environmental Impact Report within six weeks of the signing of this agreement by both concerned parties. The consultant shall submit to the city fifty copies of the draft Environmental Impact Report within ten working days of the completed staff review of the Preliminary Environmental Impact Report. (8) LIMITS OF THE OBLIGATION The limits of the obligation of the city under this agree- ment is in the sum of $ 5,320.00 which amount is estimated to be sufficient to compensate the consultant for all services performed hereunder during the terms of this agree ment. In the event at any time it appears to the Consultant that said sum may not be sufficient, he shall immediately so notify the Planning Director. He will not perform any work or incur any obligation beyond said sum of $ 5,320.00 with- out appropriate amendment to this agreement. (9) CHANGES IN WORK If, in the course of this contract, changes seem merited by the Consultant or the City and informal consultations mdi- -6- cate that a change in the conditions of the contract is war- ranted, the Consultant or the City may request a change in the contract.. Such changes shall be processed by the City in the following manner. A letter outlining the required changes shall be forwarded to the City or Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Council. Such supplemental agreement shall not render ineffective or invalid unaffected portions of the agreement. Changes requiring immediate action by the Consultant or the City shall be ordered by the Assistant City Manager for Developmental Services, who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. The lump sum amounts detailed in this agreement shall be adjusted for changes, either additive or deductive, in the scope of work. (10) HOLD HARMLESS The Consultant will indemnify the City against and hold it harmless from all and any cost, expense, or liability for damages on account of injury or death to persons or damage to property resulting from or arising out of or in any way connected with the performance by consultantof this agree- -7- . . ment, including the defense of any action arising therefrom. Consultant will rei itburse the City for all costs, expenses and losses incurred by it in consequence of any claims, de- mands and causes of action which may be brought against it by a person arising out -of the performance by Consultant of this agreement. (11) MAINTAIN INSURANCE Consultant shall, at all times that this agreement is in effect or the premises are occupied by Consultant, cause to be maintained in force and effect an insurance policy or policies which will insure and indemnify both City and Con- sultant against liability or financial loss resulting from injuries occurring to persons or property in or about the premises or occurring as a result of any acts or activity of Consultant. The liability under such insurance policy shall be not less than $100,000 for any one person injured or $300,000 for any one accident and $50,000 for property dam- age. The policy shall be written by a responsible company or companies to be approved by City, and shall be noncancel- able except on ten days' written notice to City. Such pol- icy shall name City as co-assured and a copy of such policy- shall be filed with the City. (12) INDEPENDENT CONTRACTOR Consultant in accordance with his status as an independent contractor, covenants and agrees that he will conduct him- -8- 0 . 0 self consistent with such status, that he will neither hold himself out as nor claim to be an officer or employee of the city by reason hereof, and that he will not by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the City including, but not limited to, workmen's compensa- tion coverage, unemployment insurance benefits, social se- curity coverage, or retirement membership credit. (13) ASSIGNMENT OF CONTRACT Consultant shall not assign this contract or any part there- of or any monies due or to become due thereunder without the prior written consent of the City. (14) SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this contract by Consultant, the Consultant shall be fully responsible to the City for the acts and omissions of its subcontractor and of the persons either directly or indirectly employed by its subcontractor, as it is for the acts and omissions of persons directly employed by it. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Con- sultant and the City. The Consultant shall bind every sub- contractor and every subcontractor of a subcontractor by their terms of this contract applicable to its work unless specifically noted to the contrary in the subcontract in qustion approved in writing by the city. a (15) PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approv- ing any architectural, 6ngineering, inspection, construc- tion, or material supply contract or subcontract in connec- tion with the construction of the project, shall become dir- ectly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory or other similar func- tions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. (16) VERBAL AGREEMENT OR CONVERSATION - No verbal agreement or Conversation with any officer, agent or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained, nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this contract. -10- IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSBAD, a Municipal Corporation of the State of California By_________ RONALD C. PACKARD, Mayor By CONSULTANT ATTEST: J ALETHA UTENKfZ, City Clerk AP S T FORK S HENTSCHK Assistant City Attorney t -11- POOR QUALITY ORIGINAL (5) CITY OF CARLSBAD 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 (714) 438-5551 RECEIVED FROM_________________________ DATE 1 A/C. NO. DESCRIPTION AMOUNT TOTAL -'--- -- lI 0 CITY OF CARLSBAD 1200 ELM AVENUE o CARLSBAD, CALIFORNIA 92008- (714)438-5551 RECEIVED FROM : DATE ADDRESS -. •1 CITY OF CARLSBAD : 1200 ELM AVENUE • CARLSBAD, CAUFCFNIA 92008 (714)438-5551 - Jçj. - b 3iiE2 2t - . RECEIVED FR --'---'ÔATE • i .- -. ADDRESS - A/C. NO.. . DESCRIPTION - AMOUNT - -- • - . • . - -: • ____ __________ •--- •4 - TOTAL . 23338 • - -: . . - - •1 PROPOSED MACARIO CANYON PARK KELLEY. HUNTNGTON PALOMAR HUrSliNGTOzr4 LOMAR ANNEXATION EIR LOG SHEET • I NO.. OWNER/DEVELOPER i-4u TITLE: CONSULTANT: PROJECT RECEIVED: . PROJECTS: Completed /Received Ii) Request for Authorization 12) Authorization letter •13) Prepare RFP 4) R F P s ouj / I I I Firms , 1 15) -Notice of Preparation Out I 16) Agenda Bill Agreement - I 17) Consultant approved by C. C. 18) Consultant begins work 19) Draft EIR 110) Staff Review - Ill) Staff comments sent • ) Draft returned 50 copies 113) Notice of Completion Postp/ Pub. ML I?J/Z I 114) Draft out for Review 112J/ I 115) Draft to Library lcJa/ I 116) Draft to Developer 117) End Review period . -I 7Jr/SZ-1 118) Comments sent to Consultants 119) Response to Comments . 1 OAS Llaiz I 120) End Final Staff review 121) Notice PC Hearing 1 8M/zJ 122) Staff Report to Pb 123). PC meeting I SJS'ISl j2-4) Agenda Bill 125) Council Meeting IC1[1/SZ- 126) Notice of Determination 1l/sa I Comments: