HomeMy WebLinkAboutDale Schreiber; 2006-04-11;AGREEMENT BETWEEN CITY/REDEVELOPMENT AGENCY
AND APPLICANT FOR PAYMENT OF EIR CONSULTANT COSTS
THIS AGREEMENT is made this U day of /\T?r\\ .200U .
between the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as CITY, CARLSBAD REDEVELOPMENT AGENCY, a body
corporate and politic, hereinafter referred to as "AGENCY", and Dale Schreiber, a
property owner, hereinafter referred to as "APPLICANT".
RECITALS
WHEREAS, the APPLICANT has property located within the area to be
governed by the Ponto Beachfront Village Vision Plan, if approved; and
WHEREAS, the CITY and AGENCY have instructed staff to prepare an
Environmental Impact Report for said Ponto Beachfront Village Vision Plan; and
WHEREAS, the APPLICANT has indicated its intent to file with the CITY
and/or AGENCY a request for approval of a proposed project identified as
Hotel and Restaurant Development, which is intended to be consistent with the Ponto
Beachfront Village Vision Plan, if approved, and shall also require an Environmental
Impact Report; and
WHEREAS, the CITY, AGENCY, and APPLICANT desire to prepare an
Environmental Impact Report that will include review for both the Ponto Beachfront
Village Vision Plan and the proposed Hotel and Restaurant Development; and
WHEREAS, CITY has determined that its current staff is inadequate in
number to process the Environmental Impact Report in a timely and thorough manner,
and therefore shall require the services of private consultant; and
WHEREAS, APPLICANT has agreed to assist the CITY and AGENCY in
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funding said Environmental Impact Report and agrees to pay to CITY and/or AGENCY
a proportionate share of the amount necessary to hire a CONSULTANT.
NOW, THEREFORE, in consideration of the covenants and conditions, it
is agreed as follows:
1. The CITY/AGENCY will engage the firm of RBF Consulting
hereinafter referred to as "CONTRACTOR" 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 Attachment 1 and made a part of this
agreement.
2. It is understood that the CONTRACTOR services shall conform to
the Proposal attached as Attachment 2 and made a part of this agreement, and may
require:
a) Field exploration;
b) Weekly communication with the City/Agency 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/AGENCY will direct the
CONTRACTOR to complete a draft and final Environmental Impact Report at the
earliest feasible time. The CITY/AGENCY will advise the APPLICANT in writing of any
impacts which may render the proposed project infeasible within a reasonable time
after CITY/AGENCY has received the CONTRACTOR 's conclusions in writing.
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4. The APPLICANT shall pay to the CITY and AGENCY a total of
twelve percent (12%) of the actual total cost of the CONTRACTOR 's services. The
noted proportionate share is based on the acreage of land owned or represented by
APPLICANT within the Ponto Beachfront Village Vision Plan and identified for said
development proposal. CONTRACTOR cost shall be based on the costs set forth in
Attachment 3. The APPLICANT has advanced the sum of twenty-seven thousand six
hundred and sixty-seven dollars ($27.667) as payment on account for the actual cost of
the CONTRACTOR'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/AGENCY will notify the
APPLICANT of the difference between the amount deposited and the new estimated
cost. CITY/AGENCY will ensure, to the extent feasible, that no further work will be
performed by the CONTRACTOR 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 proportionate share advance, any surplus will
be refunded to APPLICANT by CITY/AGENCY.
5. It is understood that the CONTRACTOR shall be an independent
contractor of the CITY/AGENCY and CITY/AGENCY shall not be liable for any
negligent acts or omissions of the CONTRACTOR. The APPLICANT agrees to permit
the CONTRACTOR to enter upon his property and to perform all work thereon as the
CONTRACTOR deems necessary to complete the Environmental Impact Report. It is
agreed that the APPLICANT will not interfere with the CONTRACTOR in the
performance of such work or attempt to influence such CONTRACTOR during the
course of his investigation and report.
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6. It is understood that the CITY/AGENCY will attempt to bring the
Environmental Impact Report to Planning Commission and City Council as soon as
possible, barring no delays from the APPLICANT.
7. If the CITY/AGENCY is required to defend any third party claims
and suits challenging any action taken by the CITY/AGENCY with regard to any
procedure or substantive aspect of the CITY/AGENCY's environmental process and
subsequent approval of development of the subject property, the APPLICANT shall be
responsible and reimburse the CITY/AGENCY for legal fees and costs, in the
appropriate proportionate share as set forth in this Agreement, that may be incurred by
the CITY/AGENCY in defense of such action or proceeding. The CITY/AGENCY shall
have the absolute right to retain such legal counsel as the CITY/AGENCY deems
necessary and appropriate. APPLICANT shall reimburse the CITY/AGENCY for its
proportionate share of any award of court costs or attorney fees made against
CITY/AGENCY in favor of any third party challenging either the sufficiency of the EIR or
the validity of the CITY/AGENCY's subsequent approval of the development
application. This obligation survives until all legal proceedings have been concluded
and continues even if the CITY/AGENCY's approval is not validated.
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S'O
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year first above written.
Executed by APPLICANT this day of . 20
APPLICANT:
(Name ofApplicant)
(sign here)
(print name here/title
(sign here)
CITY OF CARLSBAD, a municipal
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CARLSBAD REDEVELOJ^ENifoo ./|.
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ATTEST:
(print name here/title)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. PALL, City Attorney
By: rj^%<
Assistant City Attorney
Rev. 07/31/00
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On [7 2O3& before me, n^i/l
'Notary Public, personally appeared /
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QUI5 H-pef&e»a%
[ ^proved to me on the basis of satisfactory evidence to be the person£s)_whose
namej^ls/are-subscribed to the within instrument and acknowledged to me that
executed the same in his/her/their authorized capacity(ics), and that by his/her/their signatufefs)"
on the instrument the personfs)p3r the entity upon behalf of which the persopfs^-acted, executed
the instrument.
WITNESS my hand and official seal.
of Notary)OFFICIAL SEAL
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ATTACHMENT 2
I. WORK PROGRAM
The following Work Program has been prepared pursuant to the information provided by the
City in their Request For Proposal letter dated October 17, 2005, our understanding of the
project, and applicable federal, state, and local regulations.
TASK 1.0 PROJECT KICK-OFF AND NOTICE OF PREPARATION OF AN EIR
SUBTASK 1.1 RESEARCH AND INVESTIGATION
RBF will obtain project data and information from the City, local, state, and federal
agencies, and all other agencies that may be affected by the project. RBF will review
this information, along with environmental data and information from the City and
other nearby jurisdictions, as the foundation of the EIR. Information will be
incorporated into the EIR and other analysis, as deemed appropriate.
SUBTASK 1.2 NOTICE OF PREPARATION
RBF will assist City staff in preparing the necessary documents for the Notice of
Preparation, including analysis and exhibits requested by the City. RBF will use the
previously prepared initial study and environmental checklist in preparation of the
document.
TASK 2.0 PREPARATION OF SCREENCHECK EIR
SUBTASK 2.1 INTRODUCTION AND EXECUTIVE SUMMARY
The proposed project is subject to CEQA provisions and City CEQA implementation
procedures that will be cited in the Introduction. The introduction will also identify
the purpose of the study and statutory authority, document scoping procedures, and
provide a summary of the EIR format, a listing of responsible and trustee agencies,
and a listing of documentation incorporated by reference.
SUBTASK 2.2 EXECUTIVE SUMMARY
RBF will provide an Executive Summary for the EIR including a project summary,
an overview of project impacts, mitigation and levels of significance after mitigation,
summary of project alternatives, areas of controversy, and issues to be resolved. The
Executive Summary will also provide a table identifying the significant impacts and
proposed mitigation measures. This section will be assembled so it may be used as a
stand-alone document.
SUBTASK 2.3 PROJECT DESCRIPTION AND ENVIRONMENTAL SETTING
The Project Description section of the EIR will detail the project location,
background and history of the project, discretionary actions, characteristics, goals and
objectives, phasing, agreements, and permits and approvals that are required for the
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project based on available information. This section will include a summary of the
local environmental setting for the project.
SUBTASK 2.4 ENVIRONMENTAL SETTING
The Environmental Setting section will include a summary of the regional and local
environmental setting for the project. This section will establish baseline
environmental conditions for resources affected but the project. This section will
include a discussion on resources that are unique to the area on a regional and local
level. As required, this section will also provide a discussion of the project's
consistency with regional and local plans that affect the project.
SUBTASK 2.5 CONSIDERATION AND DISCUSSION OF ENVIRONMENTAL IMPACTS
RBF will evaluate the necessary information with respect to the existing conditions,
the potential adverse effects of project implementation (both individual and
cumulative), and measures to mitigate such effects. Environmental issues raised
during the scoping process (Notice of Preparation responses and any other relevant
and valid informative sources) will also be evaluated. The analyses will be based
upon all available data, results from additional research, and an assessment of
existing technical data. RBF in-house Environmental Analysts, CEQA experts and
Planners will perform these analyses.
The Environmental Analysis section of the EIR will discuss the existing conditions
for each environmental issue area, and identify short-term and long-term
environmental impacts associated with the project and their levels of significance.
Mitigation measures will be recommended to reduce the significance of impacts and
identify areas of unavoidable significant adverse impacts even after mitigation. This
section will include analysis for the following environmental issue areas:
A. Aesthetics and Visual Character
This section of the EIR will be prepared in accordance with the scope of work
included in the Ponto Beachfront Village Vision Plan Request for Proposal.
Visual Simulations. RBF has extensive experience in preparing highly accurate and
defendable computer-based visual simulations. Visual simulations provide an
accurate depiction of proposed structures from varying viewpoints. The advantage of
visual simulations is that they provide the City staff with an opportunity to preview
the proposed development and identify potential opportunities and constraints with
the chosen improvements. Additionally, they provide the public and decision makers
with a graphic illustration of the proposed changes on which to make more
meaningful comments. Based on experience with prior coastal projects requiring
approval by the Coastal Commission, RBF recommends the preparation of visual
simulations.
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Approach. Computer modeling of the proposed project will be accomplished utilizing
state-of-the-art software. Each piece of software is selected based on it
appropriateness and accuracy for each part of the modeling effort. This includes:
a Terramodel for all terrain and hardscape
Q FormZ and ArchiCad for all architectural elements.
Site Modeling
Topography and Grading. The proposed grading and terrain development for the
proposed improvements will be computer modeled at a level of detail sufficient to
depict the project realistically from all chosen viewpoints. The model will include
proposed buildings, landscaping, open space areas, sidewalks, enhanced paving, and
landscaping.
Structure Modeling. For the proposed buildings, e.g., hotel and residential buildings,
site modeling will be based on designs provided by the City. If no designs are
available, general building designs that generally match the proposed development
will be used. All structures will be modeled at level of detail sufficient to depict the
project from the various viewpoints. The model will include doors, windows and
architectural detail necessary to provide an accurate representation.
Photography
Professional photographs will be taken with a Fuji GX 617 Panoramic camera
providing a 2.25 x 6 inch film transparency. Back-up shots will be taken using a
Nikon D1X digital camera. All panoramas that require a wider field of view than 80
degrees will be shot with the Nikon D1X and seamed together using specialized
software. The exact location and elevation of these photographs will be determined
using GPS technology to ensure a precise perspective of each viewpoint. All
photographs will be taken as specified by the client.
Setup and Rendering
The computer model will be aligned to each of the photographs utilizing state of the
art rendering and Electric Image Universe animation software. Proper shading and
texturing will be applied to the geometry and the various views corresponding to the
photographs will be rendered photo-realistically.
Photo Composition
The rendered images will be superimposed onto the original photographs using
Photoshop compositing software. Enhancements will include landscaping and
foreground masking.
All photo simulations will be presented in color format. Each page will show
existing conditions, and a simulation of the proposed project with a thin outline
showing the massing of the existing buildings (where relevant) for reference.
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This task includes five view locations. Additional views may be identified based on
further scope refinement with the City and/or discussions with Coastal Commission
staff. The costs for the above scope is described below based on the following level
of detail:
The buildings will include doors, windows and moderate architectural detail. The
terrain will be modeled with curbs and gutters, sidewalks and accurate grading.
Moderate amounts of landscaping are included to illustrate its impact or mitigation
on the view.
B. Agricultural Resources
This section of the EIR will be prepared in accordance with the scope of work
included in the Request for Proposal.
C. Air Quality
This section of the EIR will be prepared in accordance with the scope of work
included in the Request for Proposal.
RBF will prepare a technical air quality analysis that will be integrated into the EIR.
The air quality analysis will contain the following elements:
Existing Conditions. The proposed project site is within the San Diego Air Basin
(SDAB), under the jurisdiction of the San Diego Air Pollution Control District
(SDAPCD). Baseline and project setting meteorological and air quality data will be
developed through climatological and air quality profile data gathered by the
SDAPCD and the California Air Resources Board (CARS). Other sources such as
regulatory documents, professional publications, and RBF experience in the project
area will supplement background information. A summary of current air quality
management efforts that may be related to the proposed project will be provided. A
brief overview of the nature and location of existing sensitive receptors will be
provided to set the context for how such uses may be affected.
Construction-related Air Quality. RBF will calculate the construction emissions
commensurate with available project-specific information. Emission factors will be
based on the URBEMIS2002 and EMFAC2002 air quality models. Standard
measures for construction activities recommended by the SDAPCD will be identified
and incorporated as part of the project's standard conditions.
Operational Air Quality. Emissions from long-term mobile and stationary sources
associated with this project will be calculated with the URBEMIS 2002 air quality
model. Due to the amendment to the City's Land Use Element and Local Coastal
Plan, RBF will provide a local conformity analysis with the SDAPCD's Regional Air
Quality Strategy (RAQS).
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This scope of work assumes City of Carlsbad staff will provide a list of
pending/approved projects within a one-mile radius for a cumulative impacts
analysis.
Carbon Monoxide Hot-Spots. Should the project traffic warrant Carbon Monoxide
Hotspot modeling, RBF will model up to five intersections utilizing the CALINE4
model. The information prepared will be consistent with the Transportation Project-
Level Carbon Monoxide Protocol, revised December 1997, prepared by the Institute
of Transportation Studies, University of California, Davis.
Mitigation Measures. RBF will work with the City and, if necessary, the SDAPCD
to identify feasible mitigation measures. Mitigation measures will be developed as
indicated in the impact analysis.
Excluded Tasks
• Air quality permits
• Health Risk Assessment (HRA)
• Engineering design of mitigation measures (i.e. baffles, soundwalls, etc.)
• Preparation of any design memos or documents
D. Biological Resources
This section of the EIR will be prepared in accordance with the scope of work
included in the Request for Proposal.
RBF has teamed with Helix Environmental Planning, Inc. (Helix) to evaluate
potential impacts to biological resources. The Scope of Services performed by Helix
will include the following tasks:
Literature Review. Helix will review all available information on this project. This
shall include the Existing Biological Conditions Report and Wetlands Delineation
Report. Helix will identify any additional information needed to support our findings.
Helix shall evaluate the methods and conclusions contained in the reports for legal
and scientific adequacy and accuracy to ensure that the analyses are of a scale and
level of effort appropriate to the requirements of the project. Helix will identify any
flaws in the methodologies and/or conclusions.
Field Verification Check. Helix will visit the project site to verify that the vegetation
mapping previously performed for the project remains accurate.
Biological Resources Section of EIR. Helix will prepare the biological evaluation for
the EIR. This section will included the findings from the RECON Existing Biological
Conditions Report and Wetlands Delineation Report. In addition, an impacts analysis
will be conducted for all direct and indirect significant and less than significant
project effects. The direct impacts analysis will include effects to sensitive
vegetation communities, sensitive plant and animal species, and jurisdictional areas
resulting from implementation of the proposed project (including grading, brush
management, trails, or other project-related impact). The indirect impacts analysis
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will include effects to sensitive vegetation communities and sensitive plant and
animal species resulting from light and glare, decreased water quality (i.e., through
sedimentation, contaminants, or fuel release), fugitive dust, colonization of non-
native plant species, edge effects, animal breeding behavioral changes, roadkill, and
construction noise. In addition, Helix will conduct a review of the consistency of the
proposed project with the City Habitat Management Plan to be included in the
biological resources section for the EIR. Helix will recommend appropriate mitigation
to be included in the biological resources section for the EIR. Helix will identify any
impacts remaining after implementation of the recommended mitigation measures.
Management/Meetings. Helix has assumed 60 hours for management/meetings with
the project team and City. If Client requests additional services that cause Helix to
exceed the time allocated for this task, Helix will need to amend this task and its
associated costs.
E. Cultural / Historical Resources
This section of the EIR will be prepared in accordance with the scope of work
included in the Ponto Beachfront Village Vision Plan Request for Proposal.
To complete the analysis of the cultural/historical resources in the project area, RBF
has teamed with the professional historians at Brian F. Smith and Associates (BFSA).
BFSA will conduct a cultural resource inventory on the specified project area. The
scope of work will include a records search of the project and surrounding area to list
all sites within the project area that have been previously recorded. An historical
survey will be conducted to identify all historic or potentially historic elements of the
City's project. If historic properties are identified in the project area, an historical
assessment will be completed to evaluate historic structures. A technical report will
also be prepared in accordance with CEQA regulations to present the findings of the
records searches and structure evaluations. BFSA shall furnish all necessary
personnel, facilities, equipment, materials, and transportation to perform the work
described herein.
The scope of work for these services is provided below:
Institutional Records Searches
Prior to the initiation of the project, an updated archaeological site files record search
will be conducted at the appropriate archaeological records information center. A list
of additional studies conducted and all new registered archaeological sites located
within one mile of the subject property will be documented from the record search
inquiry. Copies of all reports pertaining to the immediate project area will be
gathered.
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Native American Consultation
Brian F. Smith and Associates is aware of the importance that Native American
consultation can play in any project where cultural resources could be identified as
related to a specific group. BFSA is committed to the successful identification of
Native American cultural values, issues, and concerns through consultation with
tribal governments and practitioners of traditional culture and religion. Furthermore,
the consideration of Native American concerns early in any project can minimize the
potential for later project complications.
It is the goal of the consultation process to identify both the resource management
concerns and the strategies for addressing them, through an interactive dialogue with
appropriate Native American communities. Native American concerns may require
the consideration of different approaches to and treatment of cultural resources than
the usual excavation and analysis, particularly in those situations when mitigation is
not a realistic option. Such a situation may arise when a proposed action would
infringe on constitutional rights or treaty rights.
For BFSA, the general outline of consultation procedures focuses on Native
American interests and concerns, but the approach is not significantly different from
the approaches employed to identify and address the points of view and convictions
of other interested parties. It is the nature of the planning and environmental review
process to give adequate consideration to issues from outside the single agency
performing the action, including those that do not lend themselves to physical
inspection or objective and quantifiable analysis. BFSA has worked with many of the
Native American groups, tribes, and reservations throughout southern California and
has developed a mutual respect and an ability to address their concerns.
Modified Phase I Process—Re-Survey
A qualified archaeologist would need to visit the site to verify that there have been no
adverse impacts to the property since the 2003 RECON study and to ascertain the
current condition of the site. The field survey generally consists of the field check of
known resources through intensive field reconnaissance of the entire subject
property. In addition to the specific location of resources, a Phase I would also
establish a sense of the horizontal extent of the identified resources as it compares to
the previously recorded boundaries of the sites, a general impression regarding the
potential for subsurface deposits, as well as an initial assessment of the integrity of
the resource. Areas of high cultural probability and with dense vegetation are given
extra care in order to accurately identify any resources. At the Phase I investigation
level, prehistoric and historic site documentation consists of the completion of
California Historic Resources Inventory forms following the guidelines of the
Instructions for Recording Historic Resources (Office of Historic Preservation 1995).
Report
The final report will adhere to the guidelines set forth by the Office of Historic
Preservation for the Archaeological Research Management Reports (ARMR).
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F. Geology, Soils, and Seismicity
This section of the EIR will be prepared in accordance with the scope of work
included in the Ponto Beachfront Village Vision Plan Request for Proposal.
To complete the required geotechnical analysis, RBF has teamed up with Kleinfelder,
Inc. The geotechnical analysis shall consist of review of existing reports and
published information and a geologic site reconnaissance. No new borings are
anticipated for this phase of the project. After review of existing information and site
reconnaissance, a feasibility level geotechnical report will be prepared that will take
into consideration the geotechnical elements of the site. Geologic hazards will be
addressed including faulting, landslides and liquefaction.
G. Hazards and Hazardous Materials
This section of the EIR will be prepared in accordance with the scope of work
included in the Ponto Beachfront Village Vision Plan Request for Proposal.
If necessary, RBF will prepare a Phase I Environmental Site Assessment to evaluate
the presence of potentially hazardous materials and will integrate this analysis into
the EIR. The Scope of Work shall include the following:
Peer Review Delineation of Jurisdictional Waters
RBF will conduct a peer review and prepare a summary technical memorandum
based on the existing Delineation of Jurisdictional Waters (JD) (provided by the
client) that has been prepared for the subject site. RBF's review of the JD focuses on
the format, rather than findings for the subject site. This Task does not include an
RBF site reconnaissance, permit applications, and resource agency consultation.
Phase I Environmental Site Assessment
RBF will prepare a Phase I Environmental Site Assessment (ESA) for the proposed
project. The objectives of the Phase I ESA is to: (1) evaluate the potential for
hazardous materials on the site, and (2) generally characterize the expected nature of
hazardous materials that may be present. The assessment is not intended to provide
specific qualitative or quantitative information as to the actual presence of hazardous
materials at the site, but merely identify the potential presence based on available
information and provide preliminary conclusions relative to site conditions.
This scope specifically excludes laboratory testing, field sampling and chain of title
documents (although these can be reviewed by RBF if provided by the Client).
The documentation will be designed to document past activities, facilities, or waste
disposal practices, which may have resulted in soil or groundwater contamination.
Past site usage will be investigated through an aerial photograph review, interviews,
review of former permits, review of documents on file, and a research of former
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citations from state and local agencies (if any). Current site conditions will be
documented by an on-site inspection of the project area.
H. Hydrology / Water Quality
This section of the EIR will be prepared in accordance with the scope of work
included in the Ponto Beachfront Village Vision Plan Request for Proposal.
RBF will prepare a preliminary drainage report and stormwater management plan to
evaluate potential impacts to hydrology and water quality. The scope of work will
include preparation of an analysis of the pre- and post-project conditions of on-site
hydrology and drainage. RBF's Water Resources Division will prepare a drainage
study for the project to analyze on-site hydrologic changes resulting from the project.
The study will include a comparison of the existing conditions hydrologic
characteristics to the proposed conditions characteristics. It is anticipated that the
City will require the project to attenuate any increases in 100-year peak flows leaving
the property, therefore this task includes time to prepare preliminary detention
calculations, as well as time to for a meeting with City staff to discuss any issues that
arise during the review process.
This scope of work does not include a watershed analysis, analysis of off-site
drainage facilities, preparation of calculations or designs for actual construction
documents, or responses to plan check cycles beyond the second cycle. Additional
plan check cycles or extra work can be addressed and completed upon City approval.
/. Land Use Planning
This section of the EIR will be prepared in accordance with the scope of work
included in the Ponto Beachfront Village Vision Plan Request for Proposal.
/. Mineral Resources
This section of the EIR will be prepared in accordance with the scope of work
included in the Ponto Beachfront Village Vision Plan Request for Proposal.
K. Noise
This section of the EIR will be prepared in accordance with the scope of work
included in the Ponto Beachfront Village Vision Plan Request for Proposal.
RBF will prepare a technical noise analysis that will be integrated into the EIR. The
noise analysis will contain the following elements:
Existing Conditions. RBF will review applicable State and City noise and land use
compatibility criteria for the project area. Noise standards regulating noise impacts in
the Noise Element and Noise Ordinance of the City of Carlsbad will be discussed for
land uses on and adjacent to the project sites. The areas with potential future noise
impacts will be identified using land use information, aerial photographs, and field
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reconnaissance. Existing roadway traffic noise within the project area will be
calculated using traffic data included in the traffic study.
RBF will conduct a site visit along the project sites and at adjacent land uses. During
the site visit, RBF will conduct short-term noise level measurements along the project
area. Noise monitoring equipment will consist of a Larson Davis Laboratories Model
LDL 820 sound level meter (SLM) equipped with Larson Davis Type 2561 random
incidence microphone. The instrumentation will be calibrated prior to use with a
Larson Davis CAL250 acoustical calibrator to ensure the accuracy of the
measurements. The measurements and procedures shall be compatible with the
applicable requirements of the American National Standards Institute (ANSI) for
Type I (precision) sound level meters. The results of the noise measurements will be
post-processed and graphically illustrated with the Larson Davis Laboratories Data
Navigation Analysis (DNA) software.
The noise monitoring survey will be conducted at up to eight separate locations to
establish anticipated sound levels for potentially affected adjacent residences. Noise
recording lengths are anticipated to require approximately 10 minutes at each
location. The noise measurements will evaluate noise exposure due to traffic while
accounting for local topography, shielding from existing structures, and variations in
travel speed.
Construction-related Noise. The Environmental Protection Agency (EPA)
recommended noise emission levels and attenuation rates will be used for
construction equipment during construction of the proposed project. Analysis
requirements will be based on the sensitivity of the area and the Noise Ordinance
specifications of the City.
Stationary Noise Sources. Potential effects of existing off-site noise sources will be
evaluated based on the City's land use compatibility standards. Compliance with
applicable noise standards will be evaluated, with recommended mitigation measures
included where appropriate. Stationary noise impacts resulting from the interaction
of the proposed mixed-uses will also be discussed.
Rail Noise. Railroad noise levels will be calculated using the U.S. Department of
Housing and Urban Development (HUD) Noise Assessment guidelines. RBF will
investigate any potential impacts arising from the adjacent rail line utilizing the
Federal Rail Administration methodology. To conduct this analysis, RBF will
research the train patterns adjacent to the project site and model the train movement
noise and horn noise.
Traffic Noise. Noise impacts from vehicular traffic will be assessed using the U.S.
Federal Highway Traffic Noise Prediction Model (FHWA-RD-77-108, December
1978). The analysis will focus on potential noise impacts to residential areas. Model
input data will include average daily traffic volumes, day/night percentages of autos,
medium and heavy trucks, vehicle speeds, ground attenuation factors, and roadway
widths. The 24-hour weighted Community Noise Equivalent Levels (CNEL) will be
presented in a tabular format. Traffic parameters necessary for the model input will
be obtained from the traffic study.
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Mitigation Measures. Noise mitigation measures designed to reduce short- and long-
term impacts to acceptable noise levels in the vicinity of the project site will be
determined where necessary. Both an evaluation of the potential mitigation measures
and a discussion of their effectiveness will be provided.
L. Population and Housing
This section of the EIR will be prepared in accordance with the scope of work
included in the Ponto Beachfront Village Vision Plan Request for Proposal.
M. Public Services
This section of the EIR will be prepared in accordance with the scope of work
included in the Ponto Beachfront Village Vision Plan Request for Proposal.
N. Recreation
This section of the EIR will be prepared in accordance with the scope of work
included in the Ponto Beachfront Village Vision Plan Request for Proposal.
O, Traffic, Circulation, and Parking
This section of the EIR will be prepared in accordance with the scope of work
included in the Ponto Beachfront Village Vision Plan Request for Proposal.
RBF will prepare a technical traffic analysis to evaluate potential traffic impacts. The
traffic analysis will contain the following elements:
Update Traffic Study
RBF will review the September 2004 "Traffic Constraints Study" prepared for the
project study area. In this task, RBF will update the data and reformat the report to be
consistent with City traffic study requirements. RBF will update the existing
conditions peak hour traffic volume data to reflect 2005 traffic count data from City
of Carlsbad Growth Management Plan.
As the traffic study is updated to reflect existing conditions, the report will be
reformatted to adhere to both City of Carlsbad Growth Management Plan standards.
All signalized intersections in the study area will be graphically illustrated and
provided in the traffic report.
If necessary, project-generate trips will be recalculated and redistributed on the
roadway network, if changes to land use have occurred since the last traffic report
was prepared. RBF will review and update the list of study intersections and roadway
segments. Locations forecast to carry 20 percent or more of the project-generated
traffic will be added to the traffic study, if not previously included.
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The traffic study will be formatted such that the following scenarios are addressed:
• Existing Conditions
• Existing Plus Project
• 2010 without/with Project (near-term)
• 2030 without/with Project (horizon year)
This format is consistent with the requirements set forth in the SANTEC/ITE traffic
study guidelines. Intersections and roadway segments forecast to be impacted under
project conditions will be identified in the traffic study. Significant impacts will be
based on the SANTEC/ITE threshold of a two percent change in V/C ratios for both
intersections (with LOS calculated using ICU methodology) and peak hour roadway
segment analysis.
At locations forecast to operate at deficient levels of service improvements will be
recommended. The jurisdiction of each impacted intersection and/or roadway
segment will be clearly identified in the traffic report. RBF will work closely with
City staff to ensure that all planned improvement projects included in the City's
Growth Management Plan are identified in the study area and included in proposed
improvements, where appropriate. Where improvements cannot fully satisfy all
impacts, those locations will be clearly addressed in the traffic report.
A thorough review of the project site plan will be provided in the traffic study that
addresses pedestrian linkages through the site, bicycle access, and on-site circulation.
Through this evaluation, RBF will work with City staff to document linkages
between communities to ensure compliance with City's access requirements.
Response to Comments
RBF will review and respond to comment letters relating to both Planning
Commission and City Council hearings. If necessary, the traffic report will be
modified to address comments.
Parking Study
RBF will prepare a parking study for the proposed land use that will include parking
demand and shared parking analysis for the uses identified on site. The parking study
will include exhibits illustrating the allocation of parking by use throughout the site
plan.
P. Utilities/Service Systems
This section of the EER will be prepared in accordance with the scope of work
included in the Ponto Beachfront Village Vision Plan Request for Proposal.
SUBTASK 2.6 GROWTH INDUCEMENT
This section of the EIR will be prepared in accordance with the scope of work
included in the Ponto Beachfront Village Vision Plan Request for Proposal.
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SUBTASK 2.7 CUMULATIVE IMPACTS
This section of the EIR will be prepared in accordance with the scope of work
included in the Ponto Beachfront Village Vision Plan Request for Proposal.
SUBTASK 2.8 ALTERNATIVES TO THE PROPOSED ACTION
This section of the EIR will be prepared in accordance with the scope of work
included in the Ponto Beachfront Village Vision Plan Request for Proposal.
Please note: This scope of work does not include the graphical depiction of any
alternative project designs, as neither the alternatives nor the scope of work
associated with each alternative is known at this time. If desired, alternative project
designs may be prepared by RBF's engineering department at an additional fee.
SUBTASK 2.9 ADDITIONAL MANDATORY CEQA SECTIONS
RBF will provide additional sections in the EIR to meet CEQA and City
requirements including the following:
A. Significant Irreversible Environmental Changes That Would Be Involved
In the Proposed Action Should It Be Implemented
Changes in the environment and uses on non-renewable resources that will occur as a
result of the proposed project that can be considered irreversible or irretrievable will
be evaluated and discussed within this section of the EIR.
B. Effects Found Not To Be Significant
RBF will provide a qualitative explanation of issues checked No Impact in the City's
Initial Study in order to substantiate the conclusions of the Initial Study.
C. Inventory of Unavoidable Adverse Impacts
This section will be a comprehensive list of unavoidable adverse impacts associated
with the proposed project.
D. Inventory of Mitigation Measures
This section will be a comprehensive list of mitigation measures for the proposed
project. To allow direct incorporation of mitigation measures into Conditions of
Approval, RBF will provide a summary of mitigation measures.
E. Organizations and Persons Consulted/Bibliography
Federal, state or local agencies, other organizations and private individuals consulted
in preparing the EIR will be listed in this section. RBF will provide a complete list of
reference materials used in preparation of the EIR.
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SUBTASK 2.10 GRAPHIC EXHIBITS
The EIR will include a maximum of 30 exhibits to enhance the written text and
clarify the proposed project environmental impacts. Using state-of-the-art computer
design equipment and techniques, our in-house graphic design team will create
professional quality, black and white or full color exhibits, dividers and covers for the
EIR and Appendices.
TASK 3.0 DRAFT EIR
SUBTASK 3.1 SCREENCHECK EIR
RBF will prepare the Screencheck EIR and technical appendices for the City to
review. RBF will provide the City with 5 copies of the revised document. Fees for
reproduction of the document are included in the budget for the project.
a Provide 5 (5) screen check draft EIR documents for City staff review that will be
consistent with CEQA and the Carlsbad Environmental Protection Ordinance
(Title 19 of the Carlsbad Municipal Code) within twelve (12) weeks from
entering into agreement with the City.
SUBTASK 3.2 SECOND SCREENCHECK DRAFT EIR
RBF will respond to one complete set of City comments on the Screencheck Draft
EIR. If desired by the City, RBF will provide the revised Screencheck Draft of the
EIR with all changes highlighted to assist the final check of the document. Fees for
reproduction of the document are included in the budget for the project.
a Provide five (5) copies of the revised Draft EIR text, including appendices and
exhibits, which incorporate staffs written recommendations and revisions to the
screen check Draft EIR, in addition to the first draft of a Mitigation Monitoring
and Reporting Program and Candidate Findings of Fact within twenty-four (24)
weeks from entering into agreement with the City.
SUBTASK 3.3 COMPLETION OF THE DRAFT EIR
RBF will respond to final comments on the Draft EIR by the City and will prepare
the report for the required 45-day public review period. RBF will also work with the
City to develop a distribution listing for the Notice of Completion (NOC) and Draft
EIR (distribution will be done by the City).
a Provide fifty-one (51) copies of the City staff-approved Draft EIR with
appendices, exhibits, and Mitigation Monitoring and Reporting Program.
Twenty-five (25) of those copies shall be in 3-ring, loose-leaf binders, and
twenty-five (25) shall be spiral-bound copies. One copy shall be an un-bound
reproducible copy.
PBF• • • •
CONSULTING
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a Provide ten (10) copies of the City staff-approved Draft EIR with appendices,
exhibits, and Mitigation Monitoring and Reporting Program on CD's, including
one (1) Master CD from which copies can be made.
TASK 4.0 FINAL ENVIRONMENTAL IMPACT REPORT
SUBTASK 4.1 RESPONSE TO COMMENTS/FINAL EIR
RBF will respond to comments received on the Draft EIR during the 45-day public
review period, and additional comments raised during public hearings. This task
includes written responses to written comments received on the Draft EIR. The Draft
Responses to Comments will be prepared for review by City staff. Following review
of the Draft Responses to Comments, RBF will finalize this section for inclusion in
the Final EIR. For budgeting purposes, an assumption of 160 hours to prepare
response to comments was used, billed on a time and materials basis. This time also
includes word processing and graphic artist time to format the comments. Should the
comments require more than the budgeted time, the additional time required would
be modified with City authorization.
a Consultant shall submit written responses to comments and provide five (5)
screen check Final EIR documents which include all comments on the Draft EIR
within thirty (30) days after the public review period ends. In addition five (5)
copies of the Candidate Findings of Fact incorporating staffs comments shall be
submitted.
a Provide five (5) copies of the Final Draft EIR, including appendices and exhibits,
which shall incorporate staffs written recommendations and revisions to the
screen check Final EIR, a Mitigation Monitoring and Reporting Program and a
separate submittal consisting of the Candidate Findings of Fact within two (2)
weeks of receiving the written comments from City Staff on the responses to
comments and the Final EIR.
a Provide fifty-one (51) copies of the City staff-approved Final Draft EIR with
appendices and exhibits. Twenty-five (25) of those copies shall be in 3-ring,
loose-leaf binders, and twenty-five (25) shall be spiral-bound copies. One copy
shall be an un-bound reproducible copy.
Q Provide ten (10) copies of the City staff-approved Final Draft EIR with
appendices, exhibits, and Mitigation Monitoring and Reporting Program on CD's,
including one (1) Master CD from which copies can be made.
a Provide five (5) copies of the certified Final EIR with appendices, exhibits, and
Mitigation Monitoring and Reporting Program and the Findings of Fact including
one (1) Master CD from which copies can be made, which incorporate any
changes made to the Final draft documents during the public hearing and
certification process.
SUBTASK 4.2 MITIGATION MONITORING AND REPORTING PROGRAM
RBF will prepare a Mitigation Monitoring and Reporting Program to be defined
through working with City staff to identify appropriate monitoring steps/procedures
and in order to provide a basis for monitoring such measures during and upon project
implementation.
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SUBTASK 4.3 FINAL EIR
The Final EIR will consist of the revised Draft EIR text, as necessary, and the
Responses to Comments section. The Draft EIR will be revised in accordance with
the responses to public comments on the EIR.
SUBTASK 4.4 CANDIDATE FINDINGS OF FACT/STATEMENT OF OVERRIDING
CONSIDERATIONS
RBF will prepare the Findings in accordance with the provisions of Section 15091
and 15093 of the State CEQA Guidelines and in a form specified by the City. RBF
will submit the Draft Findings for City review and will respond to one set of City
comments. RBF will provide administrative assistance to facilitate the CEQA process
including the preparation of the Statement of Overriding Considerations and Findings
for City use in the project review process.
TASK 5.0 PROJECT COORDINATION, MEETINGS AND HEARINGS
Mr. Alex Jewell, AICP, will be responsible for management and supervision of the
EIR Project Team, as well as consultation with the City staff to incorporate City
policies into the EIR. Mr. Jewell will undertake consultation and coordination of the
project and review the EIR for compliance with CEQA requirements and guidelines
and City CEQA procedures. As the Project Manager, Mr. Jewell will coordinate with
all technical staff, consultants, support staff and word processing toward the timely
completion of the EIR. Mr. Jewell will be part of the Project Team at public hearings
and make presentations, as necessary. This scope of work has assumed a total of 100
hours, billed on a time and materials basis for project coordination, meetings, and
hearings. Additional time above that amount will be accommodated as an additional
service upon the consent of the City, if necessary.
CONSULTING
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ATTACHMENT 2
PRINCIPAL-IN-CHARGE
Jeff Barfield, AICP
Planning Commission / City
Council Meeting Representative
TECHNICAL REVIEW
Kevin Thomas, CEP
STAFF NAME
Danielle Putnam, AICP
Dawn Wilson, PE
Nicole Marotz, AICP
Edde Torres, INCE
Marc Schulte, PE, CFM
Bruce Grove, REA, CEI
Barry Bevier, PE, GE
Scott Rugg, PG, CEG
Brian Smith
Derek Langsford
PROJECT
TEAM
PROJECT MANAGER
Alex Jewell, AICP
ENVIRONMENTAL SPECIALISTS
ROLE
Land Use and Policy Analysts
Transportation / Traffic
Environmental Analysis
Air / Noise
Hydrology / Water Quality
Phase I Site Assessment
Geotechnical
Geology
Cultural Resources
Biology
FIRM
RBF Consulting
RBF Consulting
RBF Consulting
RBF Consulting
RBF Consulting
RBF Consulting
Kleinfelder, Inc.
Kleinfelder, Inc.
Brian F. Smith & Associates
Helix Environmental Planning
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