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HomeMy WebLinkAbout1977-01-18; City Council; 4000-1; Tootsie K Ranch Annexation........... fiAYE*. ................ .. - --_- wrx- __-_ .--~ -.-I-_- ........... .............................. Initial: Dcpt. Hd. ----- City Atty city 14gr. .-I_ SUBJECT: TOOTSIE K RANCH ANNEXATION AND PREZONING EXECUTION OF EIR CONTRACT. - .................... .. ____-._--- -- -_-_- .II _.___-- ---- ............ On November 16, 1976 the City Council authorized staff to send out requests for proposals for preparation of an EIR for the prezoning and annexation of the Tootsie K Ranch. The applicant had agreed to pay all costs for EIR preparation. Staff has received and evaluated.eight proposals for preparatioh of the EIR. Based on predetermined criteria for evaluation of proposals and comparison of cost estimates, staff recommends the contract be awarded to RECON, for prep- aration of the EIR as outlined in the attached proposal. Attachments Exhibit A, Vicinity Map Exhibit B, RECON EIR Proposal. Exhibit Cy Agreement between City and Consultant.. Exhibit D, Criteria for Evaluating Proposals Exhjbjt E, Tootsie K Ranch R&bbh&ngatggpement between City and Applicant That'fhe City Council award the contract for prepa'ration of 'the Tootsie K- Ranch EIR to RECON and authorize the City Manager to execute the contract for said preparation. Counci 1 action . 4 1-18-77 The contract was awarded to Recon for preparation of the Tootsie K Ranch EIR, and the City Planager was authorized to execute the contract. -\ .. .. FORM PLANNING 73 .* . .. .. ., 1 EAST CARLSBAD ANNEXATION VlCl N ITY MAP n 0. BUCK, MCCARTY E assoc. IO2 5. IVY . SUITE C cern~rn*hn FA, I- -----.e- RICK ENVIRONMENTAL CONSULTANTS 5620 FRIARS ROAD SAN 0 December 17, 1976 Ms. Dana Whitson City of Carlsbaci Planning Department 1200 Elm Avenue Carlsbad, CA 92008 Reference: Proposal Report on the To Dear Els, Whitson: RECON has examined both the proposal and the project sit pleased to submit this propo mental impact report (draft ation of the 187 acres of th completed, or is presently in the immediate vicinity o recent and continuing experi affords us a unique understanding of the environmental and concerns of the city and its environs. The consultant's qualifications are important in evaluat any proposal for work. We have included, as Attachment this proposal, a listing of by our firm which would rela the project envisioned. Also included as an attachment'is an example of one of the dr firm. A listing of the prin directly involved in the preparation of this draft EIR is included as Attachment 2. The draft EIR for the annexation should be focused at t separate levels of concer d analysis. These are: that no physical change is implied by the "project associated directly with it are nebulous and, to a certain extent, abstract. Such impacts would relate to the city as" a whole and need be addressed in any treatment of 1. Impacts associat ith the annexation itself. Ms. Dana WhitSon -2- December 17, 1976 xtent with regional and sub ely serve as a Master EIR. Preparation of a d consultant proceed on several levels. Attachment 3 (Scope of Work) has been prepared to outline in detail the technical approach used in the preparation of this draft EIR. Prepara- tion of the document outlined in the Scope of Work is entire1 the function of the consultant. It is the responsibility o the city, under the requirements of CEQA and'its related le interpretations, to provide independent analysis of that draft. The independent analysis by the city will occur at two times and levels, pared,_ it w received, This response will constitute a second level or phase' of the independent analysis. A time frame for the preparation and processing of the draft EIR for the 187-acre annex has been detailed below. This time frame is based upon a starting date of 10 January 1977. Should the project not be initiated on that date, the following schedule may be thought of as a sliding scale and dates adjusted appropriately using a new starting date and the same relative time lengths per phase. uires that a en. the initial draft of the EIR has been p be reviewed by the city and amended by the nt as deemed appropr*iate, Upon completion of the eview period, the'city must then respond to any c Phase I - 10 January 1977 to 11 February 1977 (five weeks). This phase includes the actual research, analysis, and prepar- the draft EIR. It is anticipated that during this close relationship will be maintained between the consultant and the city staff. Frequent discussion should Ms. Dana Whitson -3- December 17, 1976 e consultant to prepare a document which meets the specific requirements of the staff while providing an indepen- dent analysis of the enviroKmFn3Z~ttTn~-Zid- potential impacts. of the draft EIR will be submitted to the city for a one-week review period. public and the city, it is proposed by this consultant that the draft EIR be prepared in a chapter-appendix format. Each er of the draft EIR would deal with a specific or example, one chapter would deal with biologic f the property, This chapter, and indeed all th chapters, would- be divided into four sections; existing environment, impacts which might result due to project imp1 mentation, significance of impacts, and mitigation of i Chapters would contain non-technical but d riptive in tion that would provide the decision-maker he staff, and the public with 'a clear' understanding of the implications of the project. Technical and supporting.materia1 woul included in the appendices associated with each chapter This separation will facilitate review proceaures at ea level and separate unnecessarily technical' material fro which is required for a clear understanding of the project. Phase I1 - 11 February to 18 February (one week). The It is anticipated that on 11 February, five copies' In order to facilitate review by both the ProPo EIR. eriod for evaluation by the city of the draft - Upon receipt of the city's written comments relative to the draft EIR, RECON will require approximatelyr; one week to evaluate and incorporate the comments. tional week will be necessary for printing the document. It is anticipated that this phase would extend roughly from 21 February until 7 March. All necessary documentation and the 30 copies of the draft EIR would be submitted to the city on 7 March 1977. One addi- RECON operates as a closely knit team. Management relies upon constant positive feedback and control by critical path flowcharting, These procedures permit RECON to attain an excellent time frame response while still maintaining high quality. A team response with positive feedback allows a real time response to problems analyses. will be Royce Riggan. RECON has at this time no contractual agreements with the applicant. Overall project manager Ms. Dana Whitson -4- December 17, 1976 RECON propos to perform thes basis in accordance with -our- cur-ren&-hourly-rates w- The maximum, not-to-exceed labor and materials fee shall be three thousa eight hundred seventy-two doll Attachment 4 for a detailed cost It is understood that this pro and that if notice to proceed is delayed sixty days, the terms stated in the cost RBR: JT S ATTACHMENTS ATTACHMENT 1: Previously Completed Projects ATTACHMENT 2: RECON Staff ATTACHMENT 3: Scope of Work ATTACHMENT 4: Schedule of Costs ATTACHMENT 5: EIR (sample) , . k k? 00 tcL a, a 4-1 -rl wo om a, h Ti c ?e ord VW vn a wrd OQ Lo h4 4Jk -rl fd uu .. w a urd 0 m c Id h 4J -rl V a, u 0 a 2 pc 2 a 2 4 c c rd a, 3. -rl c, rd 4J c a, E a, 3 -rl c, rd c, c a, E a, 3 4 c, rd c, c a, E n p: pc .rl rl rl a, k a c Id 4 5 0 c tr k 0 z rd $2 cn u -4 m k p: p: x 'e ord va E rdo 4V a c rd JJ 31 rd rl Pi a a Fp rd k Frc E B cn W P Ch I+ W b cn rl k i a, W b m r-l k B a, W b m rl k a, Q 0 c, u 0 w F cn rl k a, A0 W b rl m k B a, A u k c, a, a, m 2 z c, u 0 3 0 z m a rd 5 4J k Lo 0 -4 z 3 c rd rl rdpI 4J la. a, 5= a 0 0 3 c, a, Err a, E 0 rnk oa, sa E ox m a, k V -n rd 3 u I*. . . cv c *? P;c w rl ld P -4 u c -4 k PI 4J u1 rn k 0 v u Id k 4J C 0 *? [3a 0 k Pl a c ld 1. . r\ ATTACHMENT 3 SCOPE OF WORK The following outline specifies the technical plan to be utilized by the consultant in preparation of the draft EIR. It is anticipated that a close liaison with city staff will be maintained throughout. - 1. Initial Analysis: A. Background information. As a first step mapping of the project site will be obtained and/or drawn; the existing literature will be researched and applicable city ordinances and plans reviewed. B. A field reconnaissance of the site will be conducted by the RECON staff. C. Based on the background information and'field reconnaissance, a planning session of the RECON staff will be held and an impact working paper prepared. This working paper will outline the significant concerns with the project and will guide the following effort. 2. Detailed Analvsis : Technical chapters. (and where necessary appendices) will be prepared for each of the following, annotated, topics. Each chapter will be organized into four parts (existing environment; impact of the action; significance of the impact; and proposed mitigation measures) with highly technical material being rele- gated to an appendix. A. Noise 1) Identify existing noise generators (Palomar Airport, El Camino Real, etc.). 2) Consult available public informational documents (CPO,, IPO, etc.) . 3) Consult general plan guidelines for permissible noise levels in the planning area. 4) Produce a noise contour map showing potential impact of existing noise generators and future projections. B. Aariculture 1) Identify soil types found on subject property. _-- . I_ -- A -4 2) Compile crop suitability chart (capability unit, et02ie %x-dex, etc.). 3) Produce agricultural soils map of project area. - 4) Identify and assess the impacts of project -_ &ip&iXnehtation on this loss of agricultural land. 1) Identify plant and animal resources extant on the p26per'ty. 2) Identify and assess the potential impacts of p63tset hplementation on these existing biological communities. a. Air Quality 1) Consult available information on the relationship %@t-we&n €he Carlsbad area and the.existing regional air quality pYaaPmb 2) Determine impact of project implementation in B tpaiiX8tive and quantitative fashion with respect to pollu- k&Xl-eS b I 3) Present a comprehensive discussion of air pol- Q'Ci'kiM general and the San Diego area in particular. .4) Make recommendations for minimizing pollutants tj@a@~a%~?d as a result of project implementation. E.. 'Water Quality -1) Discuss the quality of existing aquifers in the @i?4&& akea. 12) Identify potential impacts of project imple- %@%$&%hh an local surface and groundwater supplies. P-. .Geology -1) Identify the characteristics of the underlying g&&a$iQ Sinits in the project area. 2) Research the possibility of any existing (@%%+e:KnZCal conditions that might affect the proposed use & %he :pZo.ject site. (landslide potential, fault zones, etc.) c-. ;Energy :1) Identify existing energy uses associated with QUZk@fit >&ha uses in the project area. 2) Discuss the proposed project in terms of energy consumption of various types--gasoline, natural gas, electricity, etc. 3) Presentation of a discussion of alternative energy resources and their possible applicability at the project level. -- ____ __ H. Surrounding Land Uses 1) Identify current land use practices in areas L. adjacent to project area. 2) Consult appropriate city and county zoning and land use designations as they relate to the subject property. 3) Identify and assess the potential impacts of this change in existing land use on surrounding areas. I. Traf f kc/Circulation 1) Determine existing and future traffic flow in the project area. 2) Identify roadway capacities in project area. 3) Research appropriate city and county circula- tion elements to identify potential inconsistency with desired circulation patterns. J. Aesthetics 1) Identify and assess visual impacts associated with a change in existing land use. 2) Describe objectively the existing visual char- acteristics of the project area. 3) Research appropriate local guidelines for iden- tification of desirable visual resources in project area. Dis- cuss any possible inconsistency. K. Communitv Services 1) Identify existing levels of community service in the project area: police, schools, recreational facilities, fire protection, shopping centers and libraries. 2) Assess the impacts of the proposed project on these existing facilities. . c' L. Public Utilities 1) Present a clear, concise picture of the existing pgblic utilities in the project area: gas and electricity, sewage and solid waste disposal, and water availability. - __ __ 2) Identify and assess the impacts associated with project implementation on the ability of these facilities $0 continue to provide existing levels of service. 3. Summarization of Analvsis: Upon completion of the detailed analysis of the following summarizations will be prepared. Each of these sections is, in. effect, an alternate or summary analysis of material contained within the specific chapters. A. Adverse environmental effects which cannot be avoided -if -_ the proposal is implemented B. The relationship between local short-term uses of man's environment and the maintenance and enhancement of long- iegm productivity C. Irreversible environmental changes which would be -_ involved in the proposed action should it be implemented D. Summary of specifically recommended mitigating veasures 4. Growth Inducemen't : The growth inducinq effects of the project will be gnalyzed in detail. 5. Alternatives: Feasible alternatives to the gi~d analyzed relative to the project project will be identified and the existing environment. i ATTACHMENT 4 I SCHEDULE OF COSTS The following chart lists all subject tasks and defines for each the key staff to be utilized, the approximate time __ required - for completion and the cost. penses that will be incurred. Also listed are all material ex- Staff Work Item Utilized Manhours cost Initial analysis: Background GW 8 $128 information JT Field Recon- RBR 12 208 naissance GWU, PME Initial analysis. GWU 4 working paper 64 I Cartography MJH 8 128 Detailed analysis: Noise Agriculture PME PME 6 6 96 96 Biology RBR 20 400 Air Quality GWU 4 64 Water Quality GWU Geology RBR Energy PME Surrounding GWU Land Uses GWU .. Traffic/ Circulation Aesthetics PME Community Ser- PME vices Public Utilities PMW 9. 8 4 :6 '6 96 64 96 64 128 64 96 96 e Work Item 0 Summarization of Analysis --___ - Growth Inducement Alternatives Cartographics, dis- plays Public Hearings Production (typing, etc. ) SUBTOTAL Printing SUBTOTAL Miscellaneous materials (film, etc. ) TOTAL Staff Uti li zed RBR, GWU, PME RBR GWU, PME RI3R GWU, PME MJH RBR GWU JT . --- --- Manhours cost 6 4 4 8 24 40 - $ 96 64 64 128 432 400 $3,072 600 ~$3,672 200 $3 , 872 CHARLES S. BULL ARCHAEOLOGIST ENVIRONMENTAL CONSULTANT A graduate of San Diego State University with a Bachelor of Arts degree in Sociology, Mr. Bull has completed his Master's program in Anthropology from the same institution. His thesis-topic-was "Archaeological and Linguistic Change in Prehistoric San Diego 8 County. 'I Mr. Bull has been employed as a computer programming assistant for packaged statistical programs at the Social Science Research Laboratory, San Diego State University, and as a supervisory archaeologist for the San Diego State University Foundation. He is presently active in the educational process and is employed on a part-time basis as an instructor of archaeology/anthropology at San Diego Evening College. As the founding president of the Archaeological Fellowship of San Diego State University, Mr. Bull is active in the preparation and presentation of topical archaeological research projects. Presently, Mr. Bull is the Supervisory Archaeologist for RECON. He directs and is responsible for all phases of archaeological work from the initial field survey through the excavation stage. In addition, he is responsible for all archaeological report writing. As an environmental consultant, Mr. Bull has been instrumental in the preparation of several environmental impact reports. His primary interests lie in the nature of cultural change as reflected in the archaeological record, a topic upon which he has written and delivered several papers. PANELA M. ERSKINE ENVIRONMENTAL CONSULTANT Ms. Erskine graduated with honors from Stanford University with a Bachelor of Arts in Environmental Studies. Working under Dr. justment to an Environmental Ethic". Her major was self-designed as part of the interdepartmental program, and included a wide range of courses from economics, .biology, engineering, political science, and sociology. -- -Pau-l-Ehrlich, she completed her honors thesis on "Social Read- Prior to joining RECON, Ms. Erskine worked with the Natural Resources Defense Council (NRDC), a national non-profit environ- mental law organization in Palo Alto. During her employment as assistant to the staff scientist, Ms. Erskine co-authored sev- eral articles submitted for national publication. This includes an article on radioactive waste management in a forthcoming book. In addition to her work at NRDC, Ms. Erskine was employed by the Human Biology Program at Stanford University as a research/ teaching assistant. She had sole responsibility for the prepara- tion of a comprehensive case study on oil drilling in the Northern Gulf of Alaska. Written for an innovative course on decisionmaking, the case study was used by thirty students and complemented a series of public programs which Ms. Erskine helped organize. Since joining the RECON staff, Ms. Erskine has worked as an environmental consultant. Most of her responsibilities involve the research, writing and processing of various environmental documents, including environmental impact reports. Ms. Erskine's work places emphasis upon the various facets of noise and economic analysis and the legal aspects of the environmental process. MELVIN JAY HATLEY ASSOCIATE ARCHAEOLOGIST Mr. Hatley is a graduate of the Quartermaster "A" School for Navigation in San Diego, California and has had three years of navigational experience in the United States Navy. This experience has aided his knowledge of plan survey and carto- graphic techniques. As an archaeologist, with several years experience, he has supervised archaeological surveys and exca- vations throughout Southern California and Mexico. He has also been involved in the preparation of more than 40 archaeological reports for San Diego State University, the California Department of Parks and Recreation, RECON, and other professional archaeo- logists. His work has appeared in numerous professional publica- tions involving both graphic representation and cartography. Mr. Hatley serves as a Vice-president of the San Diego County Archaeological Society and directs the Society's efforts in archaeological research. In this capacity he has been respon- sible for numerous S.D.C.A.S. surveys and excavations. Currently an Associate Archaeologist at RECON, he is responsible for the preparation of graphics for archaeological and environ- mental impact reports. Most recently, Mr. Hatley has been in- volved in writing archaeological statements undertaken by RECON, calling upon extensive knowledge and experience, and has provided substantially to the RECON organization. His interests lie pri- marily in data recovery and documentation procedures. ROYCE B. RIGGAN, JR. BIOLOGIST ENVIRONMENTAL CONSULTANT I An ecologist by both training and experience, Royce B. Riggan, Jr. received his Bachelor's degree in biology from San Diego institution. The course work and research conducted for the degrees emphasized both the theoretical aspects of systems ecology and the practical ecology of native species and com- munities. Specifically, Mr. Riggan has conducted research on the growth dynamics of chaparral shrubs, including estimation of their biomass, response to fire by the chaparral community, and comparative stability of type conversions; chaparral and grasslands. The latter two projects were carried out under National Science Foundation funded - research grants. State University in 1970 and his Master's degree at the same - - - -~ Prior to joining Rick Engineering, Mr. Riggan served a short tour of duty with the United States Air Force,as a services operations officer. He also served in several capacities related to outdoor recreation. These included a survey of San Diego County conducted for the National Park Service to identify poten- tial national landmarks, monuments and parks, and fourteen summers' experience as a summer camp naturalist and director. During the summers of 1970, 1971, 1973 and 1974, he served as the superinten- dent of Camp Palomar, directing a staff and designing recreational/ instructional programs for a variety of public and private groups. Mr. Riggan served three years as an instructor at Southwestern College. While at Southwestern, he taught courses in general biology, animal behavior, biological statistics, field biology, and regional field studies. Upon joining RECON, Mr. Riggan conducted biological surveys, performed noise and statistical analyses and dealt with the various technical aspects of environmental analysis. Mr. Riggan now super- vises all RECON activities in addition to his work in the more technical aspects of environmental analysis. *. . . . . .. . JOANNE THOMPSON PRODUCTION SPECIALIST/ ENVIRONMENTAL CONSULTANT Educated at Southern Illinois University, Ms. Thompson received her Bachelor of Science Degree in 1973, with a major in Home Economics. Required and elective courses relevant to her present-day work situation include those in archaeology-anthro- pology, business economics, and biological studies. She also graduated in 1968 from a commercial high school, wherein editing, secretarial, and clerical skills were stressed. Recently she enrolled in the extension program at the University of San Diego to take courses in Historic Site Archaeology. Prior to joining RECON in 1974, Ms. Thompson worked for Copeland Systems, Inc., a Canadian chemical engineering firm based in the Chicago area which designed and built pollution control reactor systems for government and private agencies worldwide. Her duties included editing, typing, proofing, and printing of all the company's manuals for their reactor systems. Currently, Ms. Thompson's duties include editing, proofing and supervising the production phase of all the various environmental reports prepared by RECON. She also assists in the writing of the environmental impact reports and environmental assessments. -P - ---. - c 0. GERALD W. UNDERWOOD ENVIRONMENTAL CONSULTANT Mr. Underwood is a 1975 graduate of San Diego State University, receiving his B.A. with high honors in Outdoor Recreation. of land use and natural resources conservation. He is currently pursuing a Master's degree in Natural Resources Conservation at San Diego State University. Prior to returning to college Mr. Underwood served four years in the U.S. Air Force as a photo- grapher and later as a Director of Photographic Services. He is thoroughly familiar with all phases of still, process camera, and aerial photography. ~ Special areas of emphasis were the biological sciences, theory Before joining the RECON staff, Mr. Underwood served as an Interpretive Naturalist with the National Park Service. Among his duties were researching and reporting on the floral, faunal and archaeological resources of the Southwest, planning and presenting environmental programs to local civic and school groups and the visitor public. Mr. Underwood was called upon by the San Diego YMCA to form a nucleus of Instructors for classes in Environmental Education at local "Y" camps. Since joining RECON as an Environmental Consultant, Mr. Underwood has prepared a wide variety of environmental documents. His duties include all aspects of preparation and processing, with emphasis upon geologic, waste disposal and traffic analysis. EXHIBIT 'ID" Criteria For Evaluating Proposals The-P-~~nning-Rjrector shall recommend the best qualified consultant for confirmation by the City Council. The Director shall evaluate proposals based on the following criteria: i 1) Overall qualifications- Does the consultant have adequate equip- ment, technical and financi'a-1: resources for performance (or the ability to obtain such resources)? f' 2) Specific Issues- Does the Consultant's prop'osal adequately assess specific issues? (For instance, does t'hg proposal indicate which issues are of major importance and whi,chfones will probably require minimal analysis?) , -J 1 .. 3) Timing- Does the Consultant propose to accomplish work in a timely manner? 4) Work Program- Does the work program meet the requirements of the State Law and the City's Environmental Protection Ordinance? Does the work program indicate a final E.1.R which will be useful and comprehensible to the decision makers? 5) Alternatives and Mitigation Measures - Does the proposal stress the importance of alternatives and mitigation measures? Does the consultant propose to analyze the feasibility of modifying the project to achieve greater environmental compatibility? Does the consultant,',propose to rzcommend mitigation measures which can be feasi.bjy implemented by the City? 6) Cost - Is the cost proposed commensurate with the scope-and scale of the E.I.R? DHW: ar .* EXHIBIT "E" 3 -- 2 CRITERIA FOR PROPOSAL EVALUATION 1 3 -. TOOTSIE K RANCH EIR - -- --- - ECOS 2 3 (. / . ',' 1 1 7 6,145 & Biologist , * - .I 11 EXHIBIT 'IF" .I 4 5 6 7 8 g AGREEMENT THIS AGREEMENT made and entered into this day of hereinafter referred to as the 'ICity", and Chandler- Zimmerman . Investments, hereinafter referred to as the "Applicant"; -__ WITNESSETH _____----_ 4 WHEREAS, the App_licant.@a-s filed with the City a request 1. for approval of a proposed project identified as Tootsie K Ranch Annexation and Prezoning; and r 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 // WHEREAS, the City has determined that said project could have a significant imFact on the enviroriment 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 work in the preparation of an Environmental Impact Report for the proposed project; 8 NOW, THEREFORE, in consideration of the covenants and /conditions hereinafter contained, it is agreed as follows: 1. The City will engage the firm of Rick Environmental Consultants, hereinafter ref,erred to as the "Consultant" to perform the necessary work ih the preparation of an Environmental Impact Report for that area more particularly depicted upon a flat map attached hereto marked Exhibt "A" and incorporated herein by reference. I 2. It is understood that preparation of the Environmental Impact Report shall conform to the Proposal attached hereto as Exhibit "B", and may require: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (a) Field exploration, review and tests; (b) Laboratory tests and analysis; (c) Written reports; and (d) Such other data -as-may-beaecessary to properly evaluate the impact of the proposed project on the environment. 3. It is understood that the City will direct the Consultant to determine at the earliest-time those factors which could severly inhibit or prohibit the proposed project; that the City will advise the Applicant of the Consultant's conclusfon for the purpose of determining the feasibility of continuing with preparation of the Environmental Impact Report. Y I i 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 $3,872.00 as payment on account for the cost of preparing said Report; that in the the event it appears, as the work progresses, that said sum will not be sufficient, the City will notify the Applicant. No further work will be performed by the Consultant incurring an obligation beyond the amount advanced without an appropriate amendment to this Agreement:; I 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. It is agreed that the Applicant at no time will interfere with the Consultant in the performance of such work or attempt to influence such Consultant during the I- C 1 2 3 4 .. 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 __ la-ter than April 13, 1977. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as gf the day and year first above .- . .~ _. written. CITY OF CARL~BAD /. , , I .I APPLICANT -3-