HomeMy WebLinkAboutEIR 81-09; HUNTINGTON PALOMAR; Environmental Impact Report (EIR)so t O CO In'ltt C? CCtt line.
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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.
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(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.
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. .
(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.
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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-
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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-
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. .
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-
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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.
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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
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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. -
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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: