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HomeMy WebLinkAbout1985-10-29; City Council; 8389; Pacific Rim Country Club Resort Master Plan. . ,f, i’ i ii- OF CARLSBAD - AGENC- BILL ,I’ “= AB# 8’387 TITLE: AGREEMENT FOR PROVISION OF AN AMENDED DEPT.HD. MT& 10/29/85 SUBSEQUENT ENVIRONMENTAL IMPACT,REPORT FOR THE 1385 ACRE PACIFIC RIM COUNTRY CITY A DEPT. PIm’ CLUB RESORT MASTER PLAN CITY MGR.~ I RECOMMENDED ACTION: MP -/7Y Planning Staff recommends that the City Council ADOPT Resolution No- _glyr_* authorizing the Mayor to enter into an agreement with the consu ting firm of WESTEC Services, Inc. for the preparation of an amended subsequent Environmental Impact Report. Staff is also recommending that the Council ADOPT Resolution No. 8aY8 authorizing the Mayor to enter into an agreement with Hunt Properties, Inc. to ensure adequate provision of funds for the EIR. I ITEM EXPLANATION On May 14, 1985 contractual agreements were reached with the project applicant, Hunt Properties, Inc., and the selected consultant, WESTEC Services, for the preparation of a subsequent Environmental Impact Report for the Pacific Rim Country Club and Resort Master Plan. At the time that the contracts were signed by both the applicant and the consultant, the proposed Environmental Impact Report was supposed to cover in a general way the potential impacts associated with the implementation of the Master Plan. At this time however, the applicant is proposing to move forward with processing a tentative map for Phase One concurrently with the proposed Master Plan. The Phase One tentative map is currently available for review. In accordance, it is staff's opinion that this tentative map should be included as part of the subsequent Master Plan EIR. Because WESTEC prepared the existing subsequent Environmental Impact Report for the Master Plan and has special expertise on the subject property and the lagoon, staff and Hunt Properties felt that "sole source" selection was the best alternative. WESTEC proposed a bid of $41,200 for this amended subsequent EIR. The majority of this additional cost, $36,000 is for excavating and testing the previously identified 14 archaeological sites and one historical site located on the property. Both staff and the applicant feel that this price is reasonable. Resolution No. i?2~7, is attached, and if adopted, would approve an agreement with WESTEC Services, Inc., to provide the amended subsequent EIR. Also attached is Resolution No. p~r/r which, if adopted, approves an agreement with Hunt Properties, Inc., ensuring funding for the provision of the EIR. FISCAL IMPACT 2, The developers (Hunt Properties, Inc.) are responsible for d provision of the funding for this amended subsequent EIR. The 5 developers have indicated that they will sign an agreement and deposit the appropriate funds into a trust account with the City. 0 6 I Page Two of Agenda Bill No. 8387 EXHIBITS 1) Location Map 2) Resolution No. 8 247 and Resolution No. 81Q approving agreements with WESTEC Services, Inc., Consultant, and Hunt Properties, Inc., Developer, for the provision of an amended subsequent EIR 3) Agreement with WESTEC Services, Inc. 4) Agreement with Hunt Properties, Inc. 5) Consultant Proposal LOCATION MAP EXHfBfr 7 10-75-85 PACIFIC OCEAN Cl cl cl 0 -- 4 . . _ 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 RESOLUTION NO. 8247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND WESTEC SERVICES, INC. FOR PREPARATION OF AN AMENDED SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR THE 1385 ACRE PACIFIC RIM COUNTRY CLUB AND RESORT MASTER PLAN. The City Council of the City of Carlsbad, California, does lereby resolve as follows: 1. That certain agreement between the City of Carlsbad snd WESTEC Services, Inc. for preparation of an amended subsequent Snvironmental Impact Report for the 1385 acre Pacific Rim Country :lub Resort Master Plan, a copy of which is attached hereto, marked Zxhibit 3, and incorporated herein by reference, is hereby npproved. 2. The Mayor of the City of Carlsbad is hereby authorized snd directed to execute said agreement for and on behalf of the City >f Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the :i.ty Council of the City of Carlsbad held the 29th day of October, 1985, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None ATTEST: (SEAL) . . - RESOLUTION NO. 8248 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND HUNT PROPERTIES, INC., FOR THE PAYMENT OF CONSULTANT COSTS INCURRED FROM THE PROVISION OF AN AMENDED SUBSEQUENT ENVIRONMENTAL IMPACT REPORT ON THE 1385 ACRE PACIFIC RIM COUNTRY CLUB RESORT MASTER PLAN. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That this certain agreement between the City of Carlsbad and Hunt Properties, Inc., for the payment of consultant costs incurred from the provision of an amended subsequent Environmental Impact Report for the 1385 acre Pacific Rim Country Club Resort Master Plan, a copy of which is attached hereto marked Exhibit 4 and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California held on the 29th day of October, 1985, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None yy(&.-, /J && MARY H CASLER, Mayor ATTEST: ALETHA L. RAUT (SEAL) 5’ EXHIBIT 3 : AGREEMENT THIS AGREEMENT is made this 22nd day of October, 1985, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and WESTEC SERVICES, INC. hereinafter referred to as CONSULTANT. RECITALS WHEREAS, the CITY, has entered into an agreement with HUNT PROPERTIES, INC. hereinafter called the applicant, wherein the CITY agrees to prepare an amended subsequent Environmental Impact, Report for the proposed project identified as a Master Plan (MP-177) for 1,385 acres located north of Batiquitos Lagoon and west of El Camino Real and more precisely shown on the plat marked Attachment 1, attached hereto and made a part hereof; and WHEREAS, the CONSULTANT has the qualifications to pre- pare the required Environmental Impact Report; and WHEREAS, it is understood that the CONSULTANT shall be an independent contractor of the CITY; NOW, THEREFORE, in consideration of their mutual cove- nants and conditions, the parties hereto agree as follows: (1) DUTIES OF THE CONSULTANT CONSULTANT shall prepare an amended subsequent Environmental Impact Report which includes an environmental analysis of the Phase One Tentative Map for the subject project in accord with the California Environmental Quality Act as implemented by the State Guidelines and by CITY in Title 19 of the Carlsbad Municipal Code and its implementing resolutions. In carrying out this obligation the CONSULTANT'S duties shall include the following: . h - (a) The CONSULTANT shall (1) make all necessary and required field explorations, review and tests; (2) make all necessary and required laboratory tests and analysis; (3) appear and be prepared to answer questions and prepare testimony on the final Environmental Impact Report at all public hearings before the Planning Commission and the City Council prior to the certification of the report; (4) make all reports necessary to comply with the require- ments of this section. Before preparing the draft report, the CONSULTANT shall submit five copies of a preliminary report (screen check EIR) to the Land Use Planning Manager for staff review. The CONSULTANT shall revise the preliminary report as requested by staff in order to make it suitable for draft EIR review. (b) CONSULTANT shall prepare a draft report in compli- ance with the Work Program contained in Attachment "2" on file at the Land Use Planning Office (unless otherwise stated in this agreement), attached hereto and made a part hereof and with applicable state law and city ordinances. The CONSULTANT shall submit to CITY fift; copies (in 3 ring binders) plus a reproducible master of the draft EIR to the CITY. -2- h (c) CONSULTANT shall attempt to determine as soon as possible in his study of the area involved, those factors which could severely inhibit or prohibit the proposed project. If it appears that such fac- tors are present, he shall so inform the Land Use Planning Manager who in turn will discuss with the applicant the feasibility of continuing with the report. The objective of this subsection of the agreement is to minimize the cost if these adverse factors exist. (d) CONSULTANT shall prepare and file with the CITY written responses to all comments received subse- quent to public notice that the draft.Environmental Impact Report has been filed. CONSULTANT shall also prepare any response necessary to matters raised at the public hearings. The written responses shall be prepared in a form that will permit the responses to be incorporated into the final Environmental Impact Report. (2) DUTIES OF THE CITY (a) The CITY will make payment to the CONSULTANT as pro- vided for in this agreement. -3- h (b) (cl (d) The CITY will make available to the CONSULTANT any documents , studies, or other information in its possession related to the proposed project. The CITY will review the Preliminary Report presented by the CONSULTANT within fourteen working days of their receipt and make written comments to the CONSULTANT within that time period. The CITY shall provide the CONSULTANT with copies of all written comments received on the draft Environ- mental Impact Report subsequent to public notice that the draft Environmental Impact Report has been filed and is available for public review. (3) TERMINATION/OF AGREEMENT The CITY may terminate this agreement at any time by giving written notice to the CONSULTANT of such termination and specifying the effective date thereof, at least fifteen days prior to the effective date of the termination. In event of termination all finished or unfinished documents and other materials prepared pursuant to this agreement shall become its property. Upon termination for reasons other than breach of this agreement CITY shall pay CONSULTANT the reasonable value of the services completed to the date of notice -of termination. , (4) RELEASE OF,INFORMATION BY CONSULTANT Any reports, information or other data, prepared or assem- bled by the CONSULTANT under this agreement shall not be made available to any individual or organization by the CONSULTANT without the prior written approval of the CITY. . (5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF ENVIRON- MENTAL IMPACT REPORTS AND OTHER MATERIALS (6) All documents and materials prepared pursuant to this agree- ment are the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this agreement. PAYMENT The CONSULTANT will be paid a maximum of $41,200.00 dollars for preparing an environmental analysis for the Phase One 'I'entative Map of the Master Plan. Actual payment shall be based on the cost of the report based on the costs as set forth in Attachment 2 on file at the Land Use Planning Office. The CONSULTANT shall be paid eighty percent of the compensable services completed within 15 days after receipt of his invoice for the completion of the draft Environmental Impact Report in accordance with Paragraph 1 above. The CONSULTANT.will be paid ten percent upon acceptance by the CITY of the response to comments from the CONSULTANT, the final ten percent will be paid not to exceed the maximum amount provided in this agreement within thirty days after receipt of invoice, to be submitted after the certification of the Environmental Impact Report by the City,Council. -5- . . (7) TIME OF COMPLETION Time is of the essence in carrying out the terms of this agreement. It is understood that inclement weather con- ditions may delay the completion of field work. The CONSULTANT will be allowed as many additional days as are necessary to compensate for days lost due to inclement weather. The CONSULTANT shall submit to the CITY five copies of the Preliminary Environmental Impact Report within six weeks of the signing of this agreement by both concerned parties. The CONSULTANT shall submit to the CITY fifty copies of the draft Environmental Impact Report within ten working days of the completed staff review of the Preliminary Environmental Impact Report. (8) LIMITS OF THE OBLIGATION The limits of the obligation of the CITY under this agree- ment is in the sum of $41,200.00 which amount is estimated to be sufficient to compensate the CONSULTANT for all services performed hereunder during the terms of this agree- ment. In the event at any time it appears to the CONSULTANT that said sum may not be sufficient, he shall immediately so notify the Land Use Planning Manager. He will not perform any work or incur any obligation beyond said sum of $41,200..00 without appropriate amendment to this agreement. (9) CHANGES IN WORK If, in the course of this contract, changes seem merited by the CONSULTANT or the CITY and informal consultations indi- -6- II cate that a:change in the conditions of the contract is war- ranted, the CONSULTANT or the CITY may request a change in the contract. Such changes shall be processed by the CITY in the following manner. A letter outlining the required changes shall be forwarded to the CITY or CONSULTANT to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the CITY and approved by the City Council. Such supplemental agreement shall not render ineffective or invalid unaffected portions of the agreement. Changes requiring immediate action by the CONSULTANT or the CITY shall be ordered by the Land Use Planning Manager who will inform a principal of the CONSULTANT's firm of the necessity of such action and follow up with a supplemental agreement covering such work. The lump sum amounts detailed in this agreement shall be adjusted for changes, either additive or deductive, in the scope of work. (10) HOLD HARMLESS The CONSULTANT will indemnify the CITY against and hold it harmless from all and any cost, expense, or liability for damages on account of injury or death to persons or damage to property resulting from or arising out of or in any way connected with the performance by CONSULTANT of this agree- -7- . . ment, including the defense of any action arising therefrom. CONSULTANT will reimburse the CITY for all costs, expenses and losses incurred by it in consequence of any claims, de- mands and causes of action which may be brought against it by a person arising out of the performance by CONSULTANT of this agreement. (11) MAINTAIN INSURANCE CONSULTANT shall, at all times that this agreement is in effect or the premises are occupied by CONSULTANT, cause to be maintained in force and effect an insurance policy or policies which will insure and indemnify both CITY and CONSULTANT against liability or financial loss resulting from injuries occurring to persons or property' in or about the premises or occurring as a result of any acts or activity of CONSULTANT. The liability under such insurance policy shall be not less than $100,000 for any one person injured or $300,000 for any one accident and S50,OOO for property damage. The policy shall be written by a responsible company or companies to be approved by CITY, and shall be noncancelable except on ten days' written notice to CITY. Such policy shall name CITY as co-insured and a copy of such policy shall be filed with the CITY. , .(12) INDEPENDENT CONTRACTOR CONSULTANT in accordance with his status as an independent contractor, covenants and agrees that he will conduct him- -8- . self consistent with such status, that he will neither hold himself out as nor claim to be an officer or employee of the CITY by reason hereof, and that he will not by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the CITY including, but not limited to, workmen's compensa- tion coverage, unemployment insurance benefits, social se- curity coverage, or retirement membership credit. (13) ASSIGNMENT OF CONTRACT CONSULTANT shall not assign this contract or any part there- of or any monies due or to become due thereunder without the prior written consent of the CITY. (14) SUBCONTRACTING If the CONSULTANT shall subcontract any of the work to be performed under this contract by CONSULTANT, the CONSULTANT shall be fully responsible to the CITY for the acts and omissions of its subcontractor and of the persons either directly or indirectly employed by its subcontractor, as it is for the acts and omissions of persons directly employed by it. Nothing contained in this contract shall create any contractual relationship between any subcontractor of CONSULTANT and the CITY. The CONSULTANT shall bind every subcontractor and every subcontractor of a subcontractor by their terms of this contract applicable to its work unless specifically noted to the contrary in the subcontract in question approved in writing by the CITY. -9- . . (is) PROHIBITED .INTEREST No official of the CITY who is authorized in such capacity on behalf of the CITY to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approv- ing any architectural, engineering, inspection, construc- tion, or material supply contract or subcontract in connec- tion with the construction of the project, shall become di- rectly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the CITY who is authorized in such capacity and on behalf of the CITY to exercise any executive, supervisory or other similar func- tions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. (16) VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent or employee of the CITY, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained, nor such verbal agreement or conversation entitle the CONSULTANT to any additional payment whatsoever under the terms of this contract. -lO- . . IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSBAD, a Municipal Corporation of the State of California BY MARY H. ,$?ASLER Mayor ti BY CONSULTANT ATTEST: A RAUTEN City Attorney V -11- EXHIBIT 1 AGREEMENT THIS AGREEMENT is made this 22nd day of October, 1985, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and the HUNT PROPERTIES, INC. hereinafter referred to as APPLICANT. RECITALS WHEREAS, the APPLICANT has filed with CITY a request for approval of a proposed project identified as Master Plan No. 177 requiring an amended subsequent Environmental Impact Report (EIR); and WHEREAS, CITY has determined that its 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 neces- sary 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 WESTEC SERVICES, INC. hereinafter referred to as the "CONSULTANT" to perform the necessary work in the processing and monitoring of the EIR for that area more 17 more particularly depicted upon a site map attached as Exhibit 1 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 Land Use Planning Manager. 3. It is understood that the CITY will direct the Con- sultant 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 con- clusions 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 $41,200.00 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- cient 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 Con- sultant 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- 19 . IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSBAD, a Municipal Corporation of the State of California MARY H. CASLER, Mayor APPLICANT: ATTEST: ALETHA RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney -4- WESTEC Services, Inc. 3211 Fifth Avenue, San Dtego. CA 921035765 (619) 294.-9770 85-378-E September 6, 1985 Assistant Planner City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Subject: Pacific Rim Master Plan EIR Contract Amendment for Phase One Tentative Map Dear Chris: WESTEC Services is pleased to submit this proposal for environmental consulting services for the Pacific! Rim Master Plan EXR. WESTEC is already under contract with the City to prepare a Subsequent EIR for the Master Plan. This amendment covers additional work necessary to address the Phase One Tentative Map in the Subsequent EIR. Scope of Work The Subsequent EIR will address all issues identified in our proposal dated March 25, 1985. Additionally, the following analysis will be incorporated to address the Tentative Map. Visual/Aesthetics The environmental effects of grading and development of the Phase One Tenta- tive Map will be evaluated. The section will discuss views to and from the site, con- formance with policies and ordinances, and methods to mitigate grading and visual impacts. This section will evaluate the visual and grading impacts of the two align- ments for Ratiquitos Drive. Riology This section will address the sitespecific impacts of development of Phase One. Direct impacts to biological resources and indirect effects on Ratiquitos Lagoon will be evaluated. The two road alignments for Ratiquitos Drive will be addressed, along with other off-site improvements. San Diego, CA l Ventura, CA l Brawley. CA l Phoenix, AZ l Philadelphia, PA l Washington, D.C .- Mr. Christopher D. DeCerbo September 6,1985 Page Two Traffic The results of Wildan’s traffic analysis for the Master Plan and for Phase One will be incorporated into the text of the EIR. Hydrology The results of VTN% drainage study will be analyzed and included in the EIR text. On-site impacts in Phase One and effects on Ratiquitos Lagoon will be evaluated. Utilities and Services Water and sewer plans prepared by VTN will be evaluated. WESTEC will coordi- nate with service providers to determine potential impacts of Phase One development. Noise ‘Ihe noise analysis will evaluate in more detail potential impacts within Phase One based upon the proposed grading plan. Mitigation measures will be identified, if neces- sary. Alternatives A new alternative in the Subsequent EIR will address the potential mitigation/ enhancement plan for Ratiquitos Lagoon that would result from funding from Long Reach Harbor development. It is our understanding that this alternative plan is being proposed by others and will be available for WESTECs review by late September. Cultural/Paleontologigical Resources The scope of work provided herein identifies the tasks and cost for testing 16 archaeological, historical and paleontological sites. These 16 sites are divided as follows: 14 archaeological sites (SDi-600, 601, 602, 691, 692693, 694, 6822, 6824, 6826, 6827, 6867, SRS-1 and W-102), 1 historical site (SDi-6828), and (MAR-278). 1 paleontological site The tasks for testing the 14 archaeological sites and 1 historical site includes site mapping, surface collection of all artifacts, posthole testing to determine site size, trenching to determine both site depth and disturbance, and excavation not-to-exceed 3, 1 x 1 m units. Data analysis will include pottery, lithics, shell, bone, radiocarbon dating of one sample per archaeological site, obsidian hydration and obsidian sourcing. The testing to identify the extent and richness of the paleontological site can be identified through backhoe trenching and monitoring/recording by a Paleontologist. We anticipate 3 field days and 2 days for review and write-up of existing literature to fully evaluate this resource. Mr. Christopher D. DeCerbo September 6, 1985 Page Three The final technical report will identify site significance/importance as per CEQA (amended 1981). If sites are identified as significant, then a mitigation plan with alternatives will be provided. If a site or sites are identified as nonsignificant, then no further work will be recommended. This report wil be acceptable to both City, State and professional guidelines. The conclusions will be summarized in the EIR text. COST PROPOSAL* Visual/Aesthetics $ 1,100 Biology 1,250 Traffic 350 Hydrology 850 Utilities/Services 450 Noise 600 Alternatives 600 Cultural/Paleontological Resources 36,000 Total additional cost $41,200 *This proposal reflects only additional costs required to address Phase One Tentative Map. If this proposal is acceptable, it is our understanding that a contract amendment would be authorized to cover the additional work. WESTEC is available to begin work immediately upon reciept of Notice to Proceed. Thank you for the opportunity to provide this proposal for consulting services. Please call me at 294-9770 if you have any questions. Sincerely, rg \ J% L Thomas M. Larkin Project Manager TMLga