HomeMy WebLinkAboutEIR 86-04; HOSP GROVE; Environmental Impact Report (EIR)APPLlCAN!':
AGENl':
MEMBERS:
DISCLOSURB FORM
COLLINS DEVELOPMENT CO.
Name (individual, p3.rtnership, joint venture, corporation, syrrlication)
11750 Sorrento Valley Road, Suite 209
Business Address
619/276-3~80
Telephone Number
SGPA Planning & Architecture
Name
1565 Hotel Circle S. San Diego, CA 92108
Business Address
619-297-0131 Telephone Number
Robert A. Stine, President
Name (individual, p3.rtner, joint Home Address
venture, corporation, syndication)
Collins Development Co.
11750 Sorrento Valley Road San.Diego, CA 92121
Business Address
(619)276-3380
Telephone Number Telephone Number
Bill Tribolet, Vice President Name ----------~Hame~~Ad~d~r~e~s~s-----------
1175J Sorrento Valley Road Suite 209 t Sa~ Diego, CA 92121
Business Address
619-276-3380
Telephone Number Telephone Number
(Attach rrore sheets if necessary)
The applicant is required to apply for Coastal Commission Approval
if located in the Coastal lone.
I/We declare under J;enalty of J;erjury that the infonnation contained in this
disclosure is true and correct and that it will remain true and correct and may be
relied upon as being true and correct until ameooed.
Collins evelopment Co.
If after the informatio.ou hav~ submitted.has been rllleWed , it is determined
t.hat further informatio ; requl.red, you wl.~l be so a ed.
APPLICANT:
AGENT:
NEHBERS:
THE ODMARK DEVELOPMENT CO.
Name (individual, partnership, joint venture, corporation, syndication)
1747 Hancock Street, Suite B, San Diego, Ca. 92101
Business Address
(619) 291-7300
Telephone Number
THE WILLIAM N. HOFMAN COMPANY
Name
2521~ So. Vista Way, Suite 122, Carlsbad, Ca. 92008
Business Address
(619) -727-4534
Telephone Number
Ted P. Odmark
Name '(individual, partner, joint.
venture, corporation, syndication)
3100 D Front Street,San Diego
Home Address cA. 92103-
1747 Hancock Street, Suite B, San Diego, Ca. 92101
Business Address
(619) 291-7300
Telephone Number
Wanda K. Quinn
(619_ 295-2950
Telephone Number
6083 Cumulus, San Diego, Ca. 9211
Home Address
1747 Hancock Street, Suite B, San Diego, Ca. 92101
3'.lsiness Address
(619).291-7300 (619) 692-3335
'I'elephone Nu:.tber Telephone ~iu":lber
Rosalind E. Odmark 3100 D Front Street
San Diego, Ca. 92103
(619) 295-2950
(Attach more sheets if necessary)
I/He decla:e ur'.der pe:1alty of perjury that the information contained in this dis-
closure is tr~e and correct and that it will remain true and correct and may be·
relied upon a3 being true and corr~ct until amended.
THE ODMARK DEVELOPMENT COMPANY
BY _~_APPl---f.-.:iC~::---==t @~~~~~_
Agent, O.·:ner, Par~n~r P~.O~.
• AGREEMENT
This Agreement is made this 3rd day of June, 1986 between the
City of Carlsbad, a municipal corporation of the State of
California, hereinafter referred to as "City", and The
Odmark Development Company, hereinafter referred to as
"Applicant".
RECITALS
WHEREAS, the Applicant has filed with City a request for
approval of a proposed project identified as Hosp Grove
and the City has required an environmental impact report
("EIR") in connection therewith; and
WHEREAS, the City has determined that its current staff is
inadequate in number to process the proposed EIR in a timely
and thorough manner; and
WHEREAS, City has determined that to proceed with the processing
of the EIR it will be necessary to hire a consultant to aid
staff with the monitoring and processing of such EIR; and
WHEREAS, Applicant, in order to ensure the expeditious processing
of said EIR, has agreed to pay to City the amount necessary to
hire Consultant;
• NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS AND CONDITIONS
HEREIN, it is agreed as follows:
1. The City will engage the firm of RECON, hereinafter
referred to as "Consultant" to perform the necessary
work in the processing and monitoring of the EIR for
the area more particularly depicted upon a site map
attached as Exhibit "A" and made a part of this
Agreement.
2. It is understood that the Consultant services shall
conform to the Proposal attached as Exhibit "B" and
made a part of this Agreement, and may require:
(a) field exploration; (b) weekly communication with
City staff; (c) written reports; and (d) such other
work necessary to properly evaluate the proposed
project as directed by the Planning Director.
3. It is understood that the City will direct the
Consultant to complete a draft and final EIR in
conformance with the schedule contained in the Proposal,
page 23,A.V. The City will advise the Applicant in
writing of any impacts which may render the proposed
project unfeasible within a reasonable time after City
has received the Consultant's conclusions in writing.
4. The applicant shall pay to the City the actual cost of the
Consultant's costs set forth'in Exhibit "B". The Applicant
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• has advanced the sum of $22,090 as payment on account,
for the actual cost of the Consultant's services. In
the event it appears as the work progresses that said sum
will not be sufficient to cover the actual cost, the City
will nbtify the Applicant of the difference between the
amount deposited and the new estimated costs. City will
ensure, to the extent feasible, that no further work will
be performed by the Consultant incurring an obligation
beyond the amount advanced without an appropriate amendment
to this Agreement. If the actual costs of preparing the
report is less than the Applicant's advance, any surplus
will be refunded to Applicant by City.
5. It is understood that the Consultant shall be an
independent contractor of the City. The Applicant
agrees to permit the Consultant to enter upon his
property and to perform all work thereon as the C.onsultant
deems necessary to complete the EIR. It is agreed that
the Applicant will not interfere with the Consultant
in the performance of such work or attempt to improperly
influence such Consultant during the course of his
investigation and report.
6. It is understood that the City will attempt to bring
the EIR to the Planning Commission and the City Council
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• barring no delays from the Applicant.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the day and year first above written.
ATTE-ST:
Aletha Rauten~
City Clerk
AS TO FORM:
Vincent' ~
City Attorney
CITY:
CITY OF CARLSBAD,
a municipal corporation of the
State of California
By
Frank Aleshire,
City Manager
APPLICANT:
THE ODMARK DEVELOPMENT COMPANY -----
By:
By:
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... .
PLAZA CAMINO REAL
City of Carisbad
HaSP GROVE EIR 86-4
• •
AGREEMENT
between
State of
THIS AGREEMENT is made this 3rd day of June, 1986,
the CITY OF CARLSBAD, a municipal corporation of the
California, hereinafter referred to as CITY, and RECON
hereinafter referred to as CONSULTANT.
RECITALS
WHEREAS, the CITY, has entered into an agreement with
ODMARK DEVELOPMENT COMPANY hereinafter called the applicant,
wherein the CITY agrees to prepare an Environmental Impact Report
for the proposed project identified as a Master Plan Review of
Hasp Grove parcels 0, E, and F, including tentative map review
for Parcel E, for approximately 50 acres, which is located across
from the Pl aza Camino Real Shopping Mall, south of Marron Road
and Jefferson Streets, and more precisely shown on tne plat
marked EXhibit "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 cove-
nants and conditions, the parties hereto agree as follows:
(1) DUTIES OF THE CONSULTANT
CONSULTANT shall prepare an Environmental Impact Report on
the subject project in accord with the California Environ-
mental Quality Act as implemented by the State Guidelines
and by CITY in Titl e 19 of the Carl sbad Munici pal Code and
its implementing resolutions. In
obligation the CONSULTANT'S duties
following:
carrying out this
shall include the
• •
(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
report, the CONSULTANT Shall submit five 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" on file at the Planning Department (unless
otherwise stated in this agreement), attached
hereto and made a part hereof and with applicable
state law and city ordinances. The CONSULTANT
Shall submit to CITY fifty copies (20 in comb-
binding and 30 in 3-ring binders) plus a
reproducible master of the draft EIR to 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-
tor s are present, he sh all so inform the Planning
Director whO in turn wi 11 discuss with the
applicant the feasibility of continuing with the
report. The objective of this subsection of the
agreement is to minimize the cost if these ad v ers e
factors exist.
(d) CONSULTANT shall prepare and file with the CITY
written responses to all comments received subse-
quent to public notice that the draft Environmental
Impact Report has been filed. CONSULTANT shall
also prepare any response necessary to matters
r a i sed at the public hearings. The written
responses shall be prepared in a form that will
permit the responses to be incorporated into the
final Environmental Impact Report.
(2) DUTIES OF THE CITY
(a) The CITY will make payment to the CONSULTANT as pro-
vided for in this agreement.
(b) The CITY will make available to the CONSULTANT any
documents, studies, or otner information in its
possession related to the proposed project.
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•
(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 that 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
prior to the effective date of the termination. In event of
termination all finiShed or unfinished documents and other
materials prepared pursuant to this agreement Shall become
its property. Upon termination for reasons other than
breach of thi s agreement CITY Shall pay CONSULTANT the
reasonable value of the services completed to the date of
notice of termination.
(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
CONSULTANT without the prior written approval of the CITY.
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(5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF ENVIRON-
MENTAL IMPACT REPORTS AND OTHER MATERIALS
All documents and materials prepared pursuant to this agree-
ment ar·e 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 $22,090 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 on
file at the Planning Department. 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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•
(7) TIME OF COMPLETION
Time is of the essence in carrying out tne terms of tnis
agreement. It is understood that inclement weather con-
ditions may delay tne completion of field work. The
CONSULTANT will be allowed as many additional days as are
necessary to compensate for days lost due to inclement
weatner. The CONSULTANT snall submit to tne CITY five
copies of the Preliminary Environmental Impact Report within
four weeks of the signing of this agreement by both
concerned parties. The CONSULTANT shall submit to the CITY
fifty copies of tne draft Environmental Impact Report within
one week of tne completed staff review of the Preliminary
Environmental Impact Report.
(8) LIMITS OF THE OBLIGATION
The limits of tne obligation of tne CITY under this agree-
ment is in tne sum of $22,090 wnicn amount is estimated to
be sufficient to compensate tne CONSULTANT for all services
performed nereunder during tne terms of this agree-ment. In
the event at any time it appears to tne CONSULTANT that said
sum may not be sufficient, ne shall immediately so notify
the Planning Director. He will not perform any work or
incur any obligation beyond said sum of $22,090 without
appropriate amendment to this agreement.
(9) CHANGES IN WORK
If, in the course of this contract, cnanges seem merited by
the CONSULTANT or the CITY and informal consultations indi-
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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 Planning Director 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 CONSULTANT of this agree-
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ment, including the defense of any action arising therefrom.
CONSULTANT will reimburse the CITY for all costs, expenses
and losses ~ncurred 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
CONSULTANT 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 anyone person
injured or $300,000 for
property damage. The
anyone accident and $50,000 for
policy shall be written by a
responsible company or companies to be approved by CITY, and
shall be noncancelable except on ten days' written notice to
CITY. SUCh policy snal1 name CITY as co-insured and a copy
of such policy shall be filed with the CITY.
(12) INDEPENDENT CONTRACTOR
CONSULTANT in accordance with nis status as an independent
contractor, covenants and agrees that he will conduct him-
-8-
•
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
nereof, make any claim, demand, or application to or for any
rignt or privilege applicable to an officer or employee of
tne CITY including, but not limited to, workmen's compensa-
tion coverage, unemployment insurance benefits, social se-
curity coverage, or retirement membersnip credit.
(13) ASSIGNMENT OF CONTRACT
CONSULTANT shall not assign tnis contract or any part tnere-
of or any monies due or to become due tnereunder without tne
prior written consent of tne CITY.
(14) SUBCONTRACTING
If the
performed
snall be
omissions
directly
CONSULTANT shall subcontract any of the work to be
under tnis contract by CONSULTANT, the CONSULTANT
fully responsible to tne CITY for tne acts and
of its subcontractor and of tne persons either
or indirectly employed by its subcontractor, as it
is for tne acts and omissions of persons directly employed
by it. Notning contained in tnis contract shall create any
contractual relationsnip between any subcontractor of
CONSULTANT and tne CITY. Tne CONSULTANT snall bind every
subcontractor 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
question approved in writing by the CITY.
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(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, engineering, inspection, construc-
tion, or material supply contract or subcontract in connec-
tion with the construction of the project, shall become di-
rectly 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 tne
execution of this contract, shall affect or modify any of
the terms or obligations herein contained, nor sucn 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, tne parties nereto nave executed
tnis agreement on the day and year first above written.
ATTEST:
CITY OF CARLSBAD, a Municipal
Corporation of the State of
California
BY~
City Manager Date
Regional Environmental Consultant
A C.p.l~forniar-Gorporation .' /.1--,
By -, ··-._/d· .. 'c-< / (4t (' ~J/;2 r"'./7' ~·f((:,
CONSULTANT ---" Dat:e/
Diane Pearson
Vice President
A~u~~~'erk
Date
/' ! I
-11-
~ CITY OF CARLSBAD .'
1200 ELM -=NUE CARLSBAD, CALIFO IA 92008
438·5621
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RECEIPT NO. 63606 TOTAL
• •
HAYUTIN, RUBINROIT, PRAW & KUPIETZKY
A PARTNERSHIP WHICH INCLUDES PROFESSIONAL CORPORATIONS
BARRY G. WEST
RICHARD A. CORLETO*
MOSHE J. KUPIETZKY*
ALBERT Z. PRAW*
HOWARD J. RUBINROIT*
MARC I. HAYUTIN*
JAMES F. DONLAN
LILIAN B. LEWIS
MARK F. WEISS
STEVEN L. BROOKMAN
* PROFESSIONAL CORPORATIONS
Michael Holtzmiller
Planning Director
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Re: Hosp Grove
Dear Mr. Holtzmiller:
ATTORNEYS AT LAW
2029 CENTURY PARK EAST, SUITE 1515
LOS ANGELES, CALIFORNIA 90067
July 23, 1986
TELEPHONE
(213) 277-5050
REFER TO FILE:
On behalf of the Odmark Development Company and the owners
of the above-referenced property, we are enclosing a check for
$1,900.00, which we understand is the final additional charge for
the EIR concerning the Grove. We have been advised that the
draft EIR has been prepared, and would appreciate being sent a
copy thereof as soon as it is available.
HJR:mm
Encl.
cc: Vince Biondo, Esq.
John Thelan, Esq.
Ted Odmark
John Bartman
Bill Allen
Very truly yours~
£~./'
Howard J. Ru inroit
of
HAYUTIN, RUBINROIT, PRAW & KUPIETZKY