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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,. .AGDIDA BilL ~DIDABllLOO:~U~~~7~9~-----------INITIAL: 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 l. 2. 3. 4. 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. ~ 2 3 4 5 6 7 8 9 10 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 11 approved. 12 13 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 15 16 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: 18 19 AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin 20 NOES: None 21 ABSENT: None 22 23 ATTEST: 24 25 26 27 (SEAL) 28 ~ 2 3 4 5 (,. 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: 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Comcil Members Packard, Casler, Anear, Lewis & Kulchin NOES: None ABSENT : None RONALD C. PACKARD, Mayor, .. ATTEST: ( 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 ( ( 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 -2- 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. -3- ( IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. ATTEST: . ·' CITY OF CARLSBAD, a Municipal Corporation of the State of California APPLICANT: -4-