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HomeMy WebLinkAbout1977-11-01; City Council; Resolution 5249., 1 2 3 4 5 6 7 a 9 3.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND JAPATUL CORPORATION FOR THE PROVISION AND COMPENSATION OF SERVICES TO PROVIDE AN ENVIRONMENTAL IMPACT REPORT ON JAPATUL BUSINESS CENTER SPECIFIC PLAN The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and Japatul Corporation for the provision and compensation of con- sulting services to provide an Environmental Impact Report on the Japatul Business Center Specific Plan, a copy of which is attached hereto marked Exhibit "A1' and made a part hereof, is hereby ap- proved. 2. That the Mayor of the City of Carlsbad is hereby autho- rized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 1st day of November , 1977 by the following vote, to wit: AYES: Councilmen Lewis and Packard, and Councilwoman Casler NOES : Councilman Skotnicki ABSENT: None ABSTAINED: Councilman Frazee ATTEST : 3 'c c r I z < l( 13 a: 3; 14 It 3.6 17 1E 1s 2c . 21 22 22 24 25 26 27 28 E&ibit A to solution No. 5249 AGREE'NENT - THIS AGREEMENT made and entered into thislst day of November , 1977, by and between the CITY OF CARLSBAD hereinafter referred to as the "City", and Japatul Corporation, hereinafter referred to as the "Applicant"; WHEREAS, the Applicant has filed with the City a request for approval of a proposed project identified as Japatul Business Center Specific Plan; and WHEREAS, the City has determined .that said project could have a significant impact on the environment and that an Environ- mental Impact Report must be prepared by the City prior to con- sideration of the project; and WHEREAS, the City has determined that it must engage the services of a qualified consultant to perform the necessary Gork in the preparation of an Environmental Impact Report for the proposed pro j ect ; NOW THEREFORE, in consideration of the covenants and conditions hereinafter contained, it is agreed as follows: The City will engage the firm of Urban Projects, Inc., hereinafter referred to as the "Consultant" to perform the 1. necessary work in the preparation of an Environmental Impact Report €or that area more particularly depicted upon a flat map attached hereto marked Exhibit "A" and incorporated herein by reference. 2. It is understood that preparation,.of the Environmental Impact Report shall conform to the Proposal attached hereto as Exhibit "B", and may require: k I 4 I l€ 1s 2c 21 22 23 24 25 26 27 28 [a) (b) Laboratory tests and analysis; (c) Written reports; and :(d) Field exploration, review and tests; Such other data as may be necessary to properly evaluate the impact of the proposed project on the environment. 3. It is understood that the City will direct the Consultan to determine at the earliest time those factors which could severe ly inhibit or prohibit the proposed project; that the City will advise the Applicant of the Consultant's conclusion for the purpos of determining the feasibility of conti'nuing with preparation of the Environmental Impact Report. 4. The Applicant shall pay to the City the actual cost incurred by the Consultant in preparing said Report; that such costs shall be based on the costs set forth in the attached Proposal. The Applicant has advanced the sum of $22,500.00 as payment on account for the cost of preparing said Report; that in the event it appears, as the work progresses, that said sum will not be sufficient, the City will notify the Applicant. further work will be performed by the Consultant incurring an obligation beyond the amount advanced without an appropriate amendment to this Agreement. No 5. It is understood that the Consultant shall be an independent contractor of the City; that the Applicant agrees to permit the Consultant to enter upon his property and to perform all work thereon as the Consultant deems necessary to complete the Environmental Impact Report. at no time will interfere with the Consultant in the performance of such work or attempt to influence such Consultant during the It is;a"greed that the Applicant -2- \ J 4 14 15 JE 1E 19 20 21 22 24 25 26 27 28 -. . course of his investigation and report. 6. It is understood that the City will attempt to bring the Environmental Impact Report to Planning Commission hearing not later tha'n April 26, 1978. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. CITY OF CARLSBAD APPLICANT 1 ! ni 0 a I 4 3 c, -=. ir , 0 A. STUDY PLAN the Mun Program Description and Basic Approach Urban Projects, Inc. and other team members propose to assume responsibiIity for preparation of a Draft and a Final EIR for the proposed Japatul Business Center Specific Plan. We understand the complexity OF the project and the multi-agency review process which will be necessary. The requirements of .. law (CEQA as amended January 1, 1977, and Title 19 of the Carisbad cipal Code) are also familiar to us. Our basic approach to this, assignment involves the following factors: o Organization of a compact core team of senior professionals with appropriate skills and experience to assure credibility; o Commitment of a senior corporate officer: as the working project manager to maintain quality and timeliness of work; o Liaison with designated representatives of a1 1 Responsible Agencies to assure revikw and format consistencies; and o Presentation of reports in a manner which facilitates public review c. and understanding. -*- .. Roles of Contractor and Staff We-propose to act as project manager subject to overall review by the City's designated representative. Our understanding of current staff workloads suggests that a minimum participation by City staff be programmed. However, if more staff is available, the work program can be adjusted accordingly- Contractor Role and Responsible Agencies , The importance of establ ish'ing and maintaining necessary coordination with the several Responsible Agencies requires a clear statement of the relation- ship between the City, the Contractor and the Agencies. We propose that the City's representative establish a list of Agency contact representatives for use by the Consultant Team. that he participate in the Agency Review Panel as defined in the subsequent section on Work Tasks. fn addition, we request .. . -1- ' 1. 0 t, % Work Tasks The proposed work program will include the following tasks: , Task 1: ' Program Organization An orientation meeting of the core team and the City's representative will define the work program and schedule. items will be published. Task 2: The applicant's environmental analyses will be thoroughly reviewed by the core team for accuracy and completeness. Simultaneously, a search effort will seek 'other background information relevant to the project. A work memo assessing status of the data and describing errors and/or omissions will be published. A working memo describing these Data Review and Validation - Task 3: Agency Review Panel Meeting Responsible Agency representatives, as designated by the City's represents: tive, will be invited to meet with the core team to review format and schedule recommendations for processing of the Draft EIR. A work memo defining format.and process sch-edule will be published. Task 4: Development of Draft Environmental impact Report The Draft EIR will contain a brief summary of the proposed project and its consequences in language sufficiently simple that the issues can be under- stood by the general public. The information contained in the Draft EIR will include summarized technical data, maps, plans, diagrams, and similar relevant information sufficient to permit full assessment of significant environmental impacts. Highly technical data and specialized analysis and - e included a5 appendices. IR will follow a systematic, rdiscipi inary approach, Individ- uals with special expertise in given areas (e.g., traffic, service systems, etc.) will be fully utilized. of individuals or organizations who work in technical fields such as geology, archaeology, and air quality. 'We have established close ties with experts in a variety of these specialized fields. The Draft EtR will discuss environmental effects in proportion to their scverlty and probability of occurrence. indicating the reasons for determining the various effects of the project' that could possibly be considered significant, were not found to be signi- ficant, and consequently were not discussed in detail in .the EtR. In addition, UP1 can draw on the expertise _- . It will contain a statement briefly . '2 \' . .. -2- L Task 5: Publication of Preliminary Draft. EIR -- A complete prel iminary 'draft report wi I I be delivered to the City for review and commen t . Task 6: I__- Pub1 ;cation of Draft EIR - The prel iminary draft wi 11 be revised to incorporate City comrnents and published for delivery. ... Task 7: Public Hearings and Response to Comments .The core teamwill appear at two pub1 ic hearings on the Draft EfR. additional meetings are required by the City, a contract chahg, 0 order will be negotiated.) (If . Follo~ing receipt of comments to the circulated Draft EIP,, the City will deliver them to the Contractor for written response and inclusion in the Final EIR, . Task 8: Publication of Final EIR After completion of response to comments and City acceptance, the.Fina1 EtR will be published and delivered to the City. ,. c 0 B. TECHN I CAL APPROACH As implied in the previous section, our basic approach to this assignment i ncl udes : o Recognition that substantial environmental data about the project has been prepared and is readily available for validation; ' o Utilization of strong experience in large industria~/c~mmercial planned development projects; and An unbiased perspective'bf the environmental situation. o ' We have carefully reviewed the existing data and believe that much of it - can be utilized for the draf! EIR after screening and validation. by the . Consultant Team. The but and objective of our technical approach is the 'preparation of comprehensive clear reporting of environmental impacts in a format which is readable understandable by a1 1 interested parties. '. ,. . .. .I e 0 C. SCHEDULE AND COSTS Pr.ogram Schedule The team organization and work program have been developed to permit an efficient and comprehensive effort which can produce the Draft EIR within eight to ten weeks. or other need for primary research will be necessary.) by.work task, is shown below: (This schedule presumes that no major data gaps, errors, A complete schedule, Weeks Elapsed Task 1: Program Organization Task 2: Data Review G Va1idation Task 3:. Agency Review Pane? lleeting Task 4: Development of Draft EIR Task 5: Publication of Preliminary Task 6: Publication .bf Draft EIR Task 7: Pub1 ic .Hearings Task 8: Publication of Final EIR Draft EIR .. _. .. uuaget Kequirements and Fee Proposal 0 0 0 0 Preliminary Draft EJR for City review (10 copies); Draft EIR (20 copies); and* FinaI EIR f20 copies). --J \ .. -5- D. PROGRAM MANAGEMENT Consistent with the basic phi tosophy of UP1 , the management system for this work program will focus on a tightly controlled process involving key representatives of the City of Carlsbad and the Consultant Team. We believe that the continued involvement and direct participation of such principals can expedite communication and avoid numerous minor problems which are endemic to more loosely organized programs. will base its management of the work program effort UPOR the conmitment of a senior principal of the firm who will also serve as project manager. The second major feature of the management approach involves written documentation of work status and progress. A series of regutar Working Memos will be employed to assure fuli communication among all involved participants and to identify work program problems and their expected resolution. Therefore, UP) - Third, and most important feature of the management Review Panel. Said Panel would consist of the City liaison, the Consultant'Team leader, and representa "responsible agencies" staffs, as appropriate. a representative from the applicant be made availab communication purposes. It system, is a suggested s designated project ives for the various s also suggested that e to the Panel for - e- . -, *. The sum of these and other features of the proposed management system will be a carefully organized and monitored work program which will efficiently and effectively produce a useful environmental document which fulfills the statute requirements and the public purpose- . .. . .. f / E. PERSONNEL Personnel Organization Chart As described on the following page, the Consultant Team structure defines the organization of the assigned staff' and the leadership responsibi 1 ity. R. Dale Beland, AIA, AIP, will serve as project manager and corporate officer in charge. as project professionals. Mr. Rogers and flr. Snow, senior officers of UP1 and experienced commerciaI/ industrial management and development consultants,wi?l serve as technical advisors to the Team. He will be assisted by M. Kay Beyer and Paul R. Secord Basi'c subco-ntractors will include Psomas G Associates, civi 1 engineers, and JHK G Associates, transportation planners and engineers. Other special expertise will be available as required from a group of specialists with whom .the Team has worked in past assignments. These have included: : Dr. Hal Eberhardt - Archaeology Dr. James Hendrickson - Flora/Fauna Dr. Ta-Liang Tens - Seismology Dr. Raymond Hurphy - Geology ' Aerovironment Inc. - Air Qual i ty - . --, .* Manpower Ailomtion Summary The proposed work program will involve a level of effort estimated at 125 man-days fok preparation of the draft document and additional effort based upon response to commen nd presenta Commitment of key personne? t Beland - 50% Beyer - 90% Secord - 30% Van Riper - 30% Austin - 30% Support staff - as required Logistics and Material UP1 and other members of the Consultan area. \le currently serve c? ients with 0 t Team in the a re re9 based in the tos Angeles ion of Ventura, Los Angeles, " -. - . . .. ' ,. 1. PSOMAS E Associates Urban Projects, Inc. JHK E Associates Peter Van Riper, CE I Eng i neer i ng Environmental Analysis Traffic Engineering M. Kay Beyer, Associate Vice President Paul R. Secord, Analyst Senior Associate Terence W. Austin I_ L 0 PERSONNEL ORGANlZATlbN .. 1 SPECIAL ADVISORS (as needed)' . Dr,. Hal Eberhardt .Dr. James Hend'r i ckson Dr. Ta-Liang Teng Dr. Raymond Murphy et. al. .. . v, \. - 8- 1 Riverside, Orange, and San Diego Counties as well as more distant areas. \le are accustomed to mobile, efficient work programs. Our offices in GIestood and Carson accommodate our staff of 20 professionals complete with all necessary support services. , .I . ..