HomeMy WebLinkAbout1981-05-05; City Council; 6579; Agreement for provision of Environmental Impact Report for a 417 acre General Plan Amendment/Specific Plan Santa Fe Company-Carlsbad Oaks,.
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DEPT. HD.
DATE: MAY 5, 1981 CTY. ATTY. ---.li\)J-&.6-~-.8-'-----
DEPARTMENT: PLANNING CTY. MGR.g(~--lla?-~~-
SUBJECT: AGREEMENT FOR PROVISION OF AN ENVIRONMENTAL IMPACT REroRT FOR
A 417 ACRE GENERAL PLAN AMENDMENT/SPECIFIC PLAN
(SANI'A FE CCMPANY -CARLSBAD OAKS).
STATEMENT OF THE MATTER:
The proposed project is a General Plan Amendma1.t involving _porticns of a 417
acre site located east of El camino Real, north of Palanar Air_port Rood, just
west of the Carlsbad Raceway. The developerhas suhnitted draft envircrunental
informaticn for this property which indicates the potential for impacts related
to biology, traffic, archaeology and geology. The Planning Director has
determined that an enviraunental impact re_port is necessary prior to approval of
a general plan amendment. staff distributed requests for proposals (RFP' S) to
four ccnsul ting finns for the preparaticn of an EIR. '!Wo of the firms respcnded
with pro_posals. Bids were received as follONs:
Okun & Associates
Dcnald A. Cotten Associates
$4500.00
$5960.00
Both finns are qualified to provide this type of EIR, h<:.J.vever the Cotten
Associates pro_posal included a number of critical items not included in the Okun
proposal (e.g. biological reccnnaisance, discussicn of effect of industrial
land use en housing etc.). Fbr this reasen staff is recarrnending that the city
accept the somewhat higher bid.
Resolutic:n No. lJ,£;0 5' is attached, and if adopted, would approve an agreema1.t
with Dcnald Cotten & Associates to provide the EIR. Also attached is
Resolutic:n No. U !)O' which, if adopted, approves an agreement with the Santa
Fe Ccrnpany ensuring funding for provisien of the EIR.
FISCAL H1PAC..~
The developers are respcnsible for provisicn of the funding for this EIR. The
developers have indicated that they will sign an agreema1.t and de_posit the
appropriate funds into a trust account with the city. Approximately 30 to 40
hours of st.."''.ff time will be utilized to process the EIR.
RECOMMENDATION
Staff recmnends that the City Council AOOPT Resoluticn No. fA£" 0 .5" .
aut.horizin9 the M:iyor to enter into an agreement with the ccnsulting finn of
Dcnald A. Cotten & Associates for preparatim of an Ehvircnmental Impact
Report. S'taff is also recarrnending that the Council AOOPI' Resolutim No. b.!l-6(;,
authorizing t.he M:lyor to enter an agreement with the developer to ensure
ad~1ate provision of funds for the EIR.
ATTACHMENTS
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5.
Resolutic.n No. /,ttos & No. ~!tOfD , approving agreement with city and
Santa Fe Caupany, the developer, and with the city and Dcnald A. Cotton &
Associates, consultant, for provision of an EIR.
Cotton Agreement (available an file in the Planning Department)
Santa Fe Carpany Agreement (available en file in the Plarming Department)·
Ccnsultant Proposal (available en file in the Plan.'ling Department).
Site Map
AGENI:l!\ Blil.. NO. 6579
May 5, 1981
Page 2
OOUNCTI. ACTION:
5-5-81 Council adopted Resolution Nos. 6505 and 6506.
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RESOLUTION NO. 6505
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND DONALD A. COTTON
AND ASSOCIATES, FOR PREPARATION OF AN ENVIRONMENTAL
IMPACT REPORT FOR A 417 ACRE PROJECT IN THE CITY OF
CARLSBAD.
The City Council of the city of Carlsbad, California,
does hereby resolve as follows:
1. That certain agreement between the city of Carlsbad and
Donald A. Cotton & Associates for preparation of an environrnental
impact report for a 417 acre project, a copy of which is on file wit.
the City Clerk, and incorporated herein by reference, is hereby
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approved. 12
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2. The Mayor of the city of Carlsbad is hereby authori7.ed
and directed to execute said agreement for and on behalf of the cit_y 14
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of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the city of Carlsbad, held on the 5th day of Hay, 17
1981, by the following vote, to wit:
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19 AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
20 NOES: None
21 ABSENT: None
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ATTEST:
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RESOLUTION NO. 6506
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
.OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND SANTA FE COMPANY, A DEVELOPMENT
COMPANY, WHEREBY THE CITY HILL ACCEPT FUNDS FROM THE ·
DEVELOPER FOR PROVISION OF AN EIR.
The City Council of the city of Carlsbad, California,
6 d'oes hereby resolve as follows:
7 1. That certain agreement between the city of Carlsbad and
8 Santa Fe Company, for provision of EIR funds, a copy of which is on
9 file with the City Clerk, and incorporated herein by reference, is
10 hereby approved.
11 2. The Mayor of the city of Carlsbad is hereby authorized
12 and direc"ted to execute said agreement for and on behalf of the city
13 of Carlsbad.
14 PASSED, APPROVED AND ADOPTED at a regular meeting of the
15 City Council of the city of Carlsbad, held on the 5th day of Hay,
16 1981, by the following vote, to wit:
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AYES: Comcil Members Packard, Casler, Anear, Lewis & Kulchin
NOES: None
ABSENT : None
RONALD C. PACKARD, Mayor, ..
ATTEST:
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AGREEMENT
THIS AGREEMENT is made this 18th day of --.:.M..!.!.::::a::...~v:..._ __
1981, between the CITY OF CARLSBAD, a municipal corporation of
the State of California, hereinafter referred to as CITY, and the
SANTA FE COMPANY hereinafter referred to as APPLICANT.
, RECITALS
WHEREAS, the Applicant has filed with city a request for
approval of a proposed project identified as a General Plan
Amendment requiring an Environmental Impact Report (EIR}; and
WHEREAS, city has determined that it's current staff is
inadequate in number to process the proposed EIR in a timely and
thorough manner; and
WHEREAS, city has determined that to proceed with the
processing of the EIR it will be necessary to hire a consultant
to aid staff with the monitoring and processing of such EIR; and
WHEREAS, Applicant in order to ensure the expeditious
processing of said EIR 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:
1. The city will engage the firm of DONALD A. COTTON
ASSOCIATES hereinafter referred to as the
"Consultant" to perform the necessary work in the
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processing and monitoring of the EIR for that area
more particularly depicted upon a site map attached
as Exhibit "lu and made a part of this agreement.
2. It is understood that the Consultant services
shall conform to the Proposal attached as Exhibit
"2" and made a part of this agreement, and may
require:
(a} Field exploration;
(b} Weekly communication with the city staff;
(c} Written reports; and
(d} Such other work necessary to properly
evaluate the proposed project as directed by
the Planning Director.
3. It is understood that the city will direct the
Consultant to complete a draft and final EIR at the
earliest feasible time. The city will advise the
Applicant in writing of any impacts which may
render the proposed project unfeasible within a
reasonable time after city has received the
Consultant's conclusions in writing.
4. The Applicant shall pay to the city the actual cost
of the Consultant's services. Such cost shall be
based on the costs set forth in Exhibit "2". The
Applicant has advanced the sum of $5960.00 as
payment on account for the actual cost of the
Consultant's services; in the event it appears, as
the work progresses, that said sum will not be
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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 EIR.
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 EIR to Planning Commission and City
Council as soon as possible, barring no delays
from the applicant.
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IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
ATTEST:
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CITY OF CARLSBAD, a Municipal
Corporation of the State of
California
APPLICANT:
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