HomeMy WebLinkAbout1989-11-14; City Council; Resolution 89-406e 0
1
2
3
4
5
6
RESOLUTION NO. 89 - 406
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND CARLCANNON
ASSOCIATES FOR THE PREPARATION OF AN ENVIRONMENTAL
IMPACT REPORT FOR THE REVIEW OF THE CARLSBAD
PROMENADE - EIR 89-2.
The City Council of the City of Carlsbad, California, does hereby resolve as
7 follows:
8 1. That certain agreement between the City of Carlsbad and Carlcannon
9
10
11
Associates for the payment of consultant costs for the preparation of an
environmental impact report for the review of the Carlsbad Promenade project, a
12 II copy of which is attached hereto, marked Exhibit "2", and incorporated herein by
13
l5
2. The Mayor of the City of Carlsbad is hereby authorized and directed 14
reference, is hereby approved.
to execute said agreement for and on behalf of the City of Carlsbad.
16
17
18
19 to wit:
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
of Carlsbad held on the 14th day of November , 1989, by the following vote,
2o I AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
21 il NOES: None
22
23 ABSENT: None
24
25
26
ATTEST:
27
28
7. 2 e e
AGREEMENT
THIS AGREEMENT is made this z*day of b 1989, between thc
CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafte
referred to as CITY, and CARLCANNON ASSOCIATES hereinafter referred to a:
APPLICANT.
RECITALS
WHEREAS, the APPLICANT has filed with the CITY a request fo~
approval of a proposed project identified as the CARLSBAD PROMENADE (GPA 89.
4, etc.) requiring an Environmental Impact Report; and
WHEREAS, CITY has determined that its current staff lacks the appropriate
personnel to process the proposed Environmental Impact Report in a timely and thorough
manner; and
WHEREAS, CITY has determined that to proceed with the processing ol
the Environmental Impact Report it will be necessary to hire a consultant to aid staff with
the monitoring and processing of such Environmental Impact Report;
and
WHEREAS, APPLICANT in order to ensure the expeditious processing of
said Environmental Impact Report desires to pay to CITY the amount necessary to hire
CONSULTANT.
NOW, THEREFORE, in consideration of the covenants and conditions, it
is agreed as follows:
e e
1. The CITY will engage the firm of RECON, hereinafter referred to as
the "CONSULTANT" to perform the necessary work in the processing
and monitoring of the Environmental Impact Report for that 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 'Y, on file in the Planning Department
and made a part of this agreement by reference, and may require:
a) Weekly communication with the CITY staff;
b) Written reports; and
c) 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 Environmental Impact Report at the earliest feasible
time. The CITY will advise the APPLICANT in writing of any
significant economic problems 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 services. Such cost shall be based on the costs set forth
in Exhibit Y". The APPLICANT has advanced the sum of $32,980.00
as payment on account for the actual cost of the Consultant's services;
-2-
1. e 0
in the event it appears, as the work progresses, that said sum will not
be sufficient to cover the actual cost, the CITY will notify the
APPLICANT of the difference between the amount deposited and the
new estimated cost. 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 cost 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
Consultant deems necessary to complete the Environmental Impact
Report. It is agreed that the APPLICANT will not interfere with the
Consultant in the performance of such work or attempt to influence
such Consultant during the course of his investigation and report.
6. It is understood that the CITY will attempt to bring the Environmental
Impact Report to Planning Commission and CITY Council as soon as
possible, barring no delays from the APPLICANT.
...
...
...
-3-
* e' .'
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
ent Company ins, President
ES
ATTESTED:
4 Qa.,"
ALETHA L. RAUTENKRANZ, CitfiClerk
APPROVED AS TO FORM:
City Attorney
-4-
I '' .- " e
w LOCATION MAP @P
I
EXHIBIT "A'
LAGOON
'1
I City of C