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HomeMy WebLinkAbout1988-04-19; City Council; 9393; Agreement for Environmental Impact ReportCP" OF CARLSBAD — AGEND" BILL AB# MTG. DEPT._ t37_3 4/19/88 PLN AGREEMENT FOR THE PREPARATION OF THE TITLE: ENVIRONMENTAL IMPACT REPORT (EIR)/ ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT DPPT HD. ]M^ \]£jnCITY ATTYjttJO oui§QlQ.Q- O o _J o oo RECOMMENDED ACTION: Adopt City Council Resolution No. ff8'-)£f. APPROVING the agreement with the City of Los Angeles to reimburse Carlsbad for all expenses related to the preparation of the Batiquitos EIR/EIS. Adopt City Council Resolution No. ^-I3C\. APPROVING a consultant agreement for the preparation of the EIR/EIS for the Batiquitos Lagoon Enhancement Project. ITEM EXPLANATION In 1986 the City solicited proposals for the preliminary engineering design and for the preparation of the required environmental review. Nine proposals were submitted by consultant teams. The consultant team headed by the firm CH2M Hill was selected on the basis of the most qualified response to the City's Request for Proposals. Before an agreement was entered into between the consultant and the City, it was decided that the preliminary engineering and the environmental review should be separated into two separate phases. This was done for two reasons. First, the Port of Los Angeles (POLA) which was funding the project wanted to know whether the project was feasible before it agreed to funding the environmental review. Second, since the preliminary engineering design would ultimately determine the project description and the scope of the environmental review, it would be better to prepare the environmental documents after the preliminary engineering was complete. In April, 1987, Council approved the agreement with CH2M Hill to prepare the preliminary engineering. The preliminary engineering phase has been completed and it has shown the enhancement project to be both technically and economically feasible. On April 13, 1988, POLA is expected to elect to proceed with the project and approve a reimbursement agreement with Carlsbad to fund the environmental review phase of the project. The environment review phase will require compliance with both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) . Carlsbad will act as the lead agency in the preparation of an EIR under CEQA. The Army Corp of Engineers (COE) will be the lead agency in the preparation of the Environmental Impact Statement (EIS) under NEPA. The City and Page 2 of Agenda ill No. COD have agreed to the preparation of a combined EIR/EIS . COE will be involved in the management of the EIS and will be responsible for its preparation in compliance with NEPA. Carlsbad's Planning Department will be responsible for both compliance with CEQA and overall project management. FISCAL IMPACT The cost of the preparation of the environmental documents by CH2M Hill is $563,901.00. In addition, Carlsbad anticipates that related professional consulting services beyond the scope of CH2M Hill's work program will be required to complete the enhancement project. Examples of these services include preliminary title searches, right-of-way acquisition and appraisal services and miscellaneous consultant assistance for EIR/EIS technical review. Council at this time is only being asked to consider the Reimbursement Agreement and the agreement with CH2M Hill. The agreements for related professional services will come before Council as the services are needed in the future. The costs of the preparation of the environmental documents and the related professional services will be paid by the City of Los Angeles through the Reimbursement Agreement which is part of the subject of this Agenda Bill. The Agreement will also reimburse Carlsbad for administrative costs not to exceed $51,700.00. The Reimbursement Agreement includes a ten percent (10%) contingency for the CH2M Hill Agreement and twenty-five percent (25%) contingencies for each of the additional services including Carlsbad administrative services. The total not-to-exceed reimbursement figure is $828,666.00. EXHIBITS 1. City Council Resolution No. %%'Qo approving agreement with City of Los Angeles reimbursing Carlsbad. 2. City Council Resolution NO. tflf'- \ 3 °j approving EIR/EIS Consultant Agreement. 1 RESOLUTION NO. 88-128 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~ CARLSBAD, CALIFORNIA APPROVING REIMBURSEMENT AGREEMENT BETWEEN CITY OF LOS ANGELES AND CITY OF , CARLSBAD FOR THE PREPARATION OF THE BATIQUITOS LAGOON ENHANCEMENT PROJECT ENVIRONMENTAL REVIEW 5 - WHEREAS, City of Los Angeles acting by and through the „ Board of Harbor Commissioners (BOARD) and the City of Carlsbad Q (CITY) intend to pursue a proposed project identified as theo enhancement of Batiquitos Lagoon (PROJECT) as mitigation for __ Los Angeles harbor fills requiring an Environmental Impact ... Report (EIR) and Environmental Impact Statement (EIS) ; and ,„ WHEREAS, BOARD and CITY will be parties to an Agreement ., ("MOA") with various federal and state agencies which will J.O _. establish procedures and responsibilities for design, _ _ construction and maintenance of the Project; and WHEREAS, said MOA requires Carlsbad to be the lead agt _„ with responsibility for the preparation of the EIR/EIS; and WHEREAS, the MOA also requires Carlsbad to acquire land 18 interests which will allow the construction of the enhancement 2Q project; and WHEREAS, BOARD desires to fund the amount necessary to 22 carry out both the preparation of the EIR/EIS and the studies 2, necessary to secure the appropriate land interests; NOW, THEREFORE, BE IT RESOLVED as follows: 1. The above recitations are true and correct. 2. The attached agreement entitled "REIMBURSEMENT AGREEMENT" between the City of Los Angeles and City of Carlsbad 2Q is hereby approved. 3. Mayor is hereby directed to sign agreement on behalf 2 of City of Carlsbad. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 19th day of April 5 1988 by the following vote, to wit: /» AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson 7 NOES: None 8 ABSENT: None 9 10 / s .- ~^AUDE A LEWIS, Mayor 12 ATTEST: 13 14 JJ Q •rk »^ l\ CL 15 LEE RAUTENKRANZ , Cityv Clerk 16 (SEAL) 17 18 19 20 21 22 23 24 25 26 27 2Q CC RESO NO. 88-128 -2- HARBOR DEPARTMENT AGREEMENT 1419-2 CITY OF LOS REIMBURSEMENT AGREEMENT (HARBOR DEPARTMENT AGREEMENT NO. 1419-1 CARLSBAD RESOLUTION NO. 88-128 ) REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CITY OF LOS ANGELES FOR THE PREPARATION OF AN EIR/EIS AND CERTAIN OTHER CONSULTANT STUDIES FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT THIS AGREEMENT is made this 13th day of APRIL , 1988, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CARLSBAD, and the CITY of Los Angeles acting by and through the Board of Harbor Commissioners hereinafter referred to as BOARD. RECITALS WHEREAS, BOARD and CARLSBAD are pursuing a project identified as the enhancement of Batiquitos Lagoon ("Batiquitos Project"), which is located within the jurisdiction of CARLSBAD, as mitigation for Los Angeles harbor fills and CARLSBAD intends to retain various consultants to study the project; and WHEREAS, CARLSBAD has already entered into the first of the necessary agreements for the Project by retaining the services of CH2M Hill for preliminary project engineering; and WHEREAS, BOARD has already agreed to reimburse CARLSBAD for the cost of the engineering design services of CH2M Hill pursuant to Board Agreement No. 1419 (City of Carlsbad Resolution Nos. 9028 and 9101); and WHEREAS, to proceed with the Batiquitos Project it is now necessary for CARLSBAD to retain the services of CH2M Hill to assist in the preparation of an EIR/EIS and to perform related technical studies; and WHEREAS, to proceed with the Batiquitos Project it is also necessary for CARLSBAD to retain consultants to perform certain additional expert services as described below; and WHEREAS, BOARD and CARLSBAD are parties to an Agreement ("MOA") with various federal and state agencies which establishes certain procedures and responsibilities for design, construction and maintenance of the Batiquitos Project and which requires Pacific & Texas Pipeline & Transportation Company ("Pacific Texas") to deposit certain sums with the Coastal Commission to fund the Batiquitos Project; and WHEREAS, Pacific Texas has not yet deposited such funds and BOARD desires to fund the amount necessary to carry out CARLSBAD'S additional studies. NOW, THEREFORE, in consideration of the covenants and conditions below, it is agreed as follows: 1. Carlsbad/s Retention of Consultant. CARLSBAD will engage the firm of CH2M Hill hereinafter referred to as CONSULTANT to perform all the services necessary to complete an EIR/EIS for the Batiquitos Project as described more specifically in Agreement No. between the City of Carlsbad and CH2H Hill (Exhibit 1). 2. Retention of Additional Consultants to Perform Additional Expert Services. CARLSBAD and BOARD (the "parties") agree that to expedite completion of the Batiquitos Project, CARLSBAD will need to hire additional consultants (hereafter "CONSULTANTS") to perform the expert services described in Exhibit 2. BOARD agrees to reimburse CARLSBAD for these CONSULTANTS provided: (1) the CONSULTANTS selected are agreeable to the Executive Director of the Los Angeles Harbor Department or his designee which shall be given in writing by letter to CARLSBAD when the CONSULTANTS are selected; (2) the amount of the reimbursement for each CONSULTANT selected shall not exceed the amount listed in Exhibit 2 (which includes a 25% contingency factor) without further BOARD approval; (3) the amount of the reimbursement for the administrative services of CARLSBAD shall not exceed the amount listed in Exhibit 2 (which includes a 25% contingency factor) without further BOARD approval. 3. Board's Reimbursement for Services of CH2M Hill/s Preparation of EIR/EIS. BOARD shall pay to CARLSBAD the actual cost of CH2M Hill's services provided these costs shall not exceed Six Hundred Twenty Thousand Two Hundred Ninety-one Dollars ($620,291.00) (including a ten percent (10%) contingency factor) without prior written approval of BOARD plus actual CARLSBAD administrative costs associated with this CONSULTANT'S agreement, as indicated in Exhibit 2. CH2M Hill's costs shall be based on the compensation provisions of the CARLSBAD CH2M Hill EIR/EIS agreement (CARLSBAD Agreement No. The invoices of CH2M Hill and all additional CONSULTANTS retained by CARLSBAD as authorized by this agreement shall be forwarded monthly to BOARD for direct payment to CONSULTANT by BOARD in a timely manner. Monthly invoices for actual CARLSBAD administrative costs, shall be paid by BOARD in a like manner. Said invoices shall be fully documented by CITY. 4. Consultants Are Independent Contractors. It is understood that CH2M Hill and additional CONSULTANTS shall be independent contractors of CARLSBAD. 5. Project Manager. In accordance with Exhibit B of the MO A, it is understood that BOARD is prepared to provide CARLSBAD with a Project Manager to assist CARLSBAD in carrying out the consulting work necessary to properly assess the Batiquitos Project. The Project Manager shall report to and take direction from CARLSBAD, through the CARLSBAD city Manager or his assignee, provided however, that CARLSBAD agrees that it will at all times consult with BOARD if BOARD expresses any concerns regarding the Project and will implement all requests of BOARD unless it expressly finds such requests are unreasonable. The Project Manager shall comply with all laws, rules and policies of CARLSBAD and may be removed by BOARD or CARLSBAD, after consultation with BOARD, if his/her performance is in any respect unsatisfactory. The Project Manager shall be provided appropriate office space and facilities, if available, (phone, copier, files, etc.) by CARLSBAD. Escrow Account. The parties agree that BOARD is advancing funds for the CONSULTANTS and CARLSBAD services identified in this Agreement to carry out the work authorized by the above referenced MOA. The parties agree that the monies advanced by BOARD are those which are funded by Section 5 and 9 of the Batiquitos MOA and further understand that BOARD shall be reimbursed for the actual amount of its payments to CONSULTANTS and CARLSBAD from the Escrow Account established under the terms of the MOA, upon written request by BOARD. BOARD shall have the right to terminate the work of CONSULTANTS at anytime for any reason as long as BOARD reimburses the CONSULTANTS and CARLSBAD for costs incurred to date. Such termination shall be accomplished by BOARD providing CARLSBAD a written notice and CARLSBAD terminating the CONSULTANT'S Agreement as provided in that Agreement. 7. Proprietary Information. The work product of CH2M Hill and additional CONSULTANTS retained by CARLSBAD shall be owned jointly by CARLSBAD and BOARD and shall not be released to any other party without the consent of both CARLSBAD and BOARD. CARLSBAD and BOARD agree that the plans developed by CONSULTANTS are proprietary information which have an economic value to a person restoring the lagoon. If for any reason BOARD does not proceed with the project, it agrees that CARLSBAD may use the plans developed by CONSULTANTS to itself restore the lagoon. CARLSBAD agrees that if any other person wishes to restore the lagoon and use such plans, that BOARD shall be entitled to be reimbursed from such person the value of the CONSULTANTS' plans and reports to the extent BOARD funds have paid for the work of the CONSULTANTS. ill! I I I I I I I I I I I I III! til! I I I I I I I I 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 Californi By &c-*•-" A. (LEWIS, Mayor Attest ALETHA RAUTENKRAN3 City Clerk CITY OF LOS ANGELES, a Mv, Corporat/on of the/)StateJ Califori ZUNIAL BURTS, Director for Board of Harbor Commissioners APPROVED AS -TO FORM: , 1988 , City Attorney ssistant APPROVED AS TO FORM , 1988 JAMES ST. HAHN^--^ity Attorney >ND P. BENDER, Assistant RPBrau 04/06/88 - 5 - RESOLUTION NO. 88-129 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CH2M HILL, FOR THE A PREPARATION OF THE ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT STATEMENT FOR THE 5 BATIQUITOS LAGOON ENHANCEMENT PROJECT. WHEREAS, proposals have been received by the City of 7 Carlsbad for the preliminary engineering and the preparation of Q the Environmental Impact Report (EIR)/Environmental Impact Q Statement (EIS) for the Batiquitos Lagoon Enhancement Project; 10 and 11 WHEREAS, the firm of CH2M Hill has been selected to 12 prepare both the preliminary engineering studies and the 13 related EIR/EIS; and 14 WHEREAS, the preliminary engineering studies task of the 15 enhancement project has been completed; and WHEREAS, the City of Los Angeles acting through its Board 17 of Harbor Commissioners has entered into a reimbursement 18 agreement with the City of Carlsbad to pay the consultant fees 19 of $563,901 (plus a 10% contingency) for the preparation of the 20 EIR/EIS, plus Carlsbad administrative costs not to exceed 21 $51,700 (plus a 25% contingency). 22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the 23 City of Carlsbad as follows: 24 1. The above recitations are true and correct. 25 2. That an agreement between the City of Carlsbad and ne CH2M Hill for the preparation of the EIR/EIS for the Batiquitos 27 Lagoon Enhancement Project, a copy of which is hereto marked 28 "Exhibit 1" and made a part hereof, is hereby accepted. 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 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for an on behalf of the City of Carlsbad. 4. The Consultant fee of $563,901 by CH2M Hill, for the preparation of the EIR/EIS for the Batiquitos Lagoon Enhancement Project is hereby accepted. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 19th day of April 1988 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None IS, Mayor ATTEST: y vaL/J^-Aj 2E RAUTENKRANZ , City\Clerk (SEAL) CC RESO NO. 88-129 -2- EXHIBIT 1 AGREEMENT FOR THE PREPARATION OF THE ENVIRONMENTAL IMPACT REPORT/ ENVIRONMENTAL IMPACT STATEMENT AND RELATED TECHNICAL STUDIES FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT THIS AGREEMENT, made and entered into as of the day of , 19 , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "CITY." and CH2M HILL, hereinafter referred to as "CONSULTANT." RECITALS CITY requires the services of CH2M HILL to provide the necessary services for preparation of the Environmental Impact Report (EIR)/Environmental Impact Statement (EIS) for the Batiquitos Lagoon Enhancement Project; and CONSULTANT possesses the necessary skills and qualifications to provide the services required by CITY; and CONSULTANT shall be an independent contractor to the CITY; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CITY and CONSULTANT agree as follows: 1. CONSULTANT'S OBLIGATIONS The CONSULTANT shall: A. Conduct the necessary tasks including related technical studies required to prepare the EIR/EIS for the Batiquitos Lagoon Enhancement Project as depicted in the attached Exhibit A - Batiquitos Lagoon Enhancement Project. Said tasks are identified in the scope of work dated , a copy of which is attached (Exhibit B - Scope of Work) and incorporated by reference herein. B. Attend such meetings of public and private groups as may be required in conjunction with the preparation and approval of the EIR/EIS and which are specified in Exhibit B "Scope of Work." C. Provide all personal transportation during the course of this agreement. D. Hold harmless all land owners granting permission for CONSULTANT to enter and conduct the required studies as identified in the "Scope of Work" from Liabilities arising from the negligence of CONSULTANT. E. Perform all functions, responsibilities and requirements to accomplish the preparation of the EIR/EIS for the Batiquitos Lagoon Enhancement Project as specified in the "Scope of Work" Exhibit B herein above referred. 2. CITY OBLIGATION Under the general direction of the City Manager and subject to the provisions of this agreement, CITY shall: A. Make available to the CONSULTANT its records, reports and other documents deemed necessary to properly perform the services required by the CITY. -2- B. Obtain all required permits, with CONSULTANT'S assistance, to allow the consultant to perform the tasks identified in the "Scope of Work." C. Obtain permission from property owners to allow the CONSULTANT to both enter the private property and to perform the tasks identified in the "Scope of Work." D. Review materials submitted by CONSULTANT in a timely manner so that the CONSULTANT can adhere to the time schedule contained in the "Scope of Work" - Exhibit B. E. Announce, advertise, conduct and record all public meetings and hearings, with CONSULTANT'S assistance, related to the completion of this agreement. F. Provide a Project Manager who shall act on behalf of the City in the execution of this agreement. 3. PROGRESS AND COMPLETION The work under this Contract will begin within ten (10) days after receipt of written notification to proceed by CITY and be completed within days of the date or more specifically according to the schedule set forth in Exhibit C - "Schedule." Extensions of time may be granted if requested by CONSULTANT and agreed to in writing by the City Manager. In consideration of such requests, the City Manager will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the CONSULTANT, or delays caused by CITY inaction or other agencies' lack of timely action. -3- 4. FEES TO BE PAID TO CONSULTANT The lump sum fee payable according to Paragraph 5, "Payment of Fees", shall be not to exceed $563,901.00. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 7, "Changes in Work". 5. PAYMENT OF FEES Payment of fees shall be in accordance with the fees by task set forth in Exhibit D - "Cost Estimate Summary: Scope Cost." Payments shall be paid in the course of City business following delivery of invoices provided, however, that no fees shall be paid until the invoices have been verified and approved by CITY. CONSULTANT may submit invoices monthly that represent the value of work completed to date, minus any prior payments made. Payment of any invoices pursuant to this section shall not constitute a waiver by CITY of any breach of any part of this agreement. CITY shall hold back the fee designated in Task 15 ($47,512) until the FEIR/EIS has been certified by CITY and the Corps of Engineers' Record of Decision has been published or within 120 days from the CITY'S certification of FEIR/EIS. 6. FINAL SUBMISSION Within ( ) days of completion and approval of the check document Final Environmental Impact Report/Final Environmental Impact Statement (FEIR/FEIS), CONSULTANT shall deliver to CITY one camera-ready FEIR/FEIS and one copy in accordance with the referenced "Scope of Work." -4- 4. FEES TO BE PAID TO CONSULTANT The lump sum fee payable according to Paragraph 5, "Payment of Fees", shall be not to exceed $563,901.00. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 7, "Changes in Work". 5. PAYMENT OF FEES Payment of fees shall be in accordance with the fees by task set forth in Exhibit D - "Cost Estimate Summary: Scope Cost." Payments shall be paid in the course of City business following delivery of invoices provided, however, that no fees shall be paid until the invoices have been verified and approved by CITY. CONSULTANT may submit invoices monthly that represent the value of work completed to date, minus any prior payments made. Payment of any invoices pursuant to this section shall not constitute a waiver by CITY of any breach of any part of this agreement. CITY shall hold back ten percent (10%) of the not to exceed fee until the EIR/EIS has been certified by CITY and Corps of Engineers. 6. FINAL SUBMISSION Within ( ) days of completion and approval of the check document Final Environmental Impact Report/Final Environmental Impact Statement (FEIR/FEIS), CONSULTANT shall deliver to CITY one camera-ready FEIR/FEIS and one copy in accordance with the referenced "Scope of Work." -4- 7. CHANGES IN WORK If, in the course of this Contract and design, changes seem merited by the CONSULTANT or the CITY, and informal consultations with the other party indicate that a change in the conditions of the Contract is warranted, the CONSULTANT or the CITY may request a change in Contract. Such changes shall be processed by the CITY in the following manner: A letter outlining the desired changes shall be forwarded to the City Manager 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 or change order shall be prepared by the CITY and approved by the City Council. CONSULTANT'S compensation for said change order shall be determined based on the fee schedules contained in the attached Exhibit E - "Consultant Fee Schedule" or as updated in accordance with year end salary adjustments. 8. COVENANTS AGAINST CONTINGENT FEES The CONSULTANT warrants that its firm has not employed or retained any company or person, other than a bonafide employee working for the CONSULTANT, to solicit or secure this agreement, and that CONSULTANT has not paid or agreed to pay any company or person, other than a bonafide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the CITY -5- shall have the right to annul this agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 9. NONDISCRIMINATION CLAUSE The CONSULTANT shall comply with the State and Federal Ordinances regarding nondiscrimination. 10. TERMINATION OF CONTRACT In the event of the CONSULTANT'S failure to prosecute, deliver, or perform the work as provided for in this Contract, the CITY may terminate this Contract for nonperformance by notifying the CONSULTANT by certified mail of the termination of the Contract. The CONSULTANT, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the City's Planning Director. The City Manager shall make a determination of fact based upon the documents delivered to CITY of the percentage of work which the CONSULTANT has performed which is usable and of worth to the CITY in having the Contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Contract. 11. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating -6- under the provisions of this Contract, shall be reduced to writing by the principal of the CONSULTANT or the City manager. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Manger or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council if reasonable shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 12. RESPONSIBILITY OF THE CONSULTANT The CONSULTANT is hired to render professional services for preparation of an Environmental Impact Report/Environmental Impact Statement for the Batiguitos Lagoon Enhancement Project and any payments made to CONSULTANT are compensation solely for such services. CONSULTANT shall prepare an Environmental Impact Report/ Environmental Impact Statement for the subject project in accord with the California Environmental Quality Act (CEQA) as implemented by the State Guidelines and by City in Title 19 of the Carlsbad Municipal Code and its implementing resolutions as -7- well as pursuant to the National Environmental Policy Act (NEPA) as amended. 13. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated only by the CITY upon tendering ten (10) days written notice to the CONSULTANT. In the event of such suspension or termination, upon request of the CITY, the CONSULTANT shall assemble the work product and put same in order for proper filing and closing and deliver said product to CITY. In the event of termination, the CONSULTANT shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The CITY shall make the final determination as to the portions of tasks completed and the compensation to be made. 14. STATUS OF THE CONSULTANT The CONSULTANT shall perform the services provided for herein in CONSULTANT'S own way as an independent contractor and in pursuit of CONSULTANT'S independent calling, and not as an employee of the CITY. CONSULTANT shall be under control of the CITY only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the CITY as provided for in the request for proposal. The CONSULTANT is an independent contractor to the CITY. The payment made to the CONSULTANT pursuant to this contract shall be the full and complete compensation to which the CONSULTANT is entitled. The CITY shall not make any federal or state tax withholdings on behalf of the CONSULTANT. The -8- CONSULTANT agrees to indemnify the CITY for any tax, retirement contribution, social security, overtime payment, or worker's compensation payment which the CITY may be required to make on behalf of the CONSULTANT or any employee of the CONSULTANT for work done under this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The CONSULTANT in consultation with the CITY has endeavored to identify the tasks necessary to prepare the Environmental Impact Report/Environmental Impact Statement which conforms to all known applicable requirements of law in effect at the time of execution of this agreement: Federal, State, and local and CONSULTANT will perform said tasks. CONSULTANT will provide necessary supporting documents, to be filed with agencies whose approval is necessary and are reasonably known to CONSULTANT at the time of "Scope" negotiations. 16. OWNERSHIP OF DOCUMENTS All raw data, plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the CITY and City of Los Angeles which is providing certain project funding, whether the work for which they are made be executed or not. In the event this Contract is terminated, all raw data, documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the CITY. CONSULTANT shall have the right to make one (1) copy of the plans for his/her records. The CONSULTANT shall not be allowed to publish the results of the technical studies and Environmental Impact Report/Environmental -9- Impact Statement or to sell any data or models developed as part of this agreement without the expressed written permission of the CITY. 17. RELEASE OF INFORMATION BY CONSULTANT Any reports, information or other data, prepared or assembled 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. 18. ASSIGNMENT OF CONTRACT The CONSULTANT shall not assign this Contract or any part thereof or any monies due thereunder without the prior written consent of the CITY. 19. SUBCONTRACTING If the CONSULTANT shall subcontract any of the work to be performed under this Contract by the CONSULTANT, consultant shall be fully responsible to the CITY for the negligent performance of all work by CONSULTANT'S subcontractor and of the persons either directly or indirectly employed by the subcontractor, as CONSULTANT is for the negligent performance of all work by persons directly employed by CONSULTANT. 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 the terms of this Contract applicable to CONSULTANT'S work unless specifically noted to the contrary in the subcontract in question approved in writing by the CITY. -10- It is understood that the CONSULTANT intends to engage these subconsultants for performance of portions of the work: Tekmarine Michael Brandman and Associates Greenwood and Associates MEC, Inc. It is understood that any addition of or any change in subconsultants must be approved by the CITY in writing prior to the start of any work undertaken by subconsultants not identified above. 20. 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 take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction or material supply Contractor, or any subcontractor in connection with the construction of the project, shall become directly 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 functions in connection with the performance of this Contract shall become directly or indirectly interested personally in this Contract or any part thereof. -11- 21. 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. 22. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 24. CONFLICT OF INTEREST The CONSULTANT shall file a Conflict of Interest Statement with the CITY Clerk of the City of CArlsbad in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. 25. HOLD HARMLESS AGREEMENT The CONSULTANT retained pursuant to this Agreement shall at all times relieve, indemnify, protect and save harmless (1) the Cities of Los Angeles (including its Harbor Department) and CARLSBAD (CITIES) and any and all of their boards, officers, agents, consultants and employees from any and all claims and demands, actions, proceedings, losses, liens, costs and judgments of any kind and nature whatsoever, including expenses incurred in defending against legal actions, for death of or injury to persons or damage to property including property owned by or under the care and custody of CITIES and for civil fines and -12- penalties, to the extent that they may arise from or be caused directly or indirectly by: A. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises which are the subject of this Agreement of any nature whatsoever, to the extent that it exists by reason of any negligent act, omission, neglect, or any negligent use or occupation of the premises by CONSULTANT, its officers, agents, employees, subcontractors or subconsultants or consultant. B. Any operation conducted upon or any use or negligent occupation of the premises by CONSULTANT, its officers, agents, employees, subcontractors or subconsultants under or pursuant to the provision of this contract or otherwise; C. Any negligent act, omission or negligence of CONSULTANT, its officers, agents, employees, subcontractors or subconsultants. D. Any failure of CONSULTANT, its officers, agents or employees to comply with any of the terms or conditions of this contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; E. The conditions, negligent operations, uses, occupations, acts, omissions or negligence, existing or conducted upon or arising from the use or occupation by -13- CONSULTANT on any other premises within the City of CARLSBAD related to this Agreement. The CONSULTANT also agrees to indemnify CITIES and pay for all damage or loss suffered by CITIES including but not limited to damage to or loss of CITIES' property to the extent caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence of the CONSULTANT within the meaning of subsections A through E of this Section 24. The CONSULTANT agrees that it will maintain the insurance specified in the contract. All such insurance shall be written at such limits and with such companies as are acceptable to CITIES and the CONSULTANT shall provide CITIES with proof of said insurance as specified below. 25. WORKERS' COMPENSATION A. The CONSULTANT will be required to secure the payment of compensation to its employees injured while performing work or labor necessary for and incidental to performance under this Agreement in accordance with the provisions of Section 3700 of the Labor Code of the State of California. B. The CONSULTANT shall file with CITIES one of the following: 1) a certificate of consent to self-insure issued by the Director of Industrial Relations, STate of California, 2) a certificate of Workers' Compensation insurance issued by an admitted insurer, -14- or 3) an exact copy or duplicate thereof of the policy certified by the director or the insurer. Such documents shall be filed prior to commencing the work of this Agreement. C. Where the CONSULTANT has employees who are covered by United States Longshoremen and Harbor Workers' Compensation Act coverage, the CONSULTANT must furnish proof of such coverage to the satisfaction of CITIES. 27. LIABILITY AND PROTECTION AND INDEMNITY INSURANCE A. The CONSULTANT shall furnish a policy of comprehensive general liability insurance with endorsements for contractual liability assumed and automobile liability insurance, in which CITIES, their boards, officers, agents and employees are included as additional insureds with the CONSULTANT to the extent of the CONSULTANT'S liabilities assumed hereunder. Such policy shall fully protect and save harmless the additional insureds from any and all claims for damages for bodily injury, including wrongful death, as well as from claims for property damages, which may arise from the negligent operations under and in connection with this contract, whether such operations be by the CONSULTANT or by any subcontractor or subconsultant or anyone directly or indirectly employed by either of them. -15- B. The minimum limits of Liability Insurance shall be the limits normally carried by the CONSULTANT, but no less than $1,000,000 combined single limit for property damage and bodily injury including death (or such other amounts as CITIES may specify). If the submitted policies contain aggregate limits the CONSULTANT shall provide evidence of insurance protection for such limits so that the required coverage is not diminished in the event that the aggregate limits become exhausted. Said limit shall be without deduction, provided that CITIES and their designee may permit a deductible amount when, in their judgment, it is justified by the financial capacity of the CONSULTANT. C. Nothing herein shall be construed as limiting in any way the extent to which the CONSULTANT may be held legally responsible for damages to persons or property. D. When the work of this specification requires the use of watercraft, the CONSULTANT must additionally provide protection and indemnity insurance in the amount of $1,000,000 combined single limit for marine liability. 28. SPECIAL INSURANCE ENDORSEMENT The special insurance endorsement attached hereto as Exhibit F - "Special Insurance Endorsement," shall be made available to Contractors and CONSULTANTS to satisfy the insurance requirements described above. -16- 29. PROFESSIONAL LIABILITY INSURANCE CONSULTANT certifies that it now has professional liability insurance in the amount of one million dollars ($1,000,000), that it will take whatever steps necessary to assure that the work performed under this agreement will be covered by such policy, and that it will keep such insurance or its equivalent in effect at al times during performance of this agreement and until two years following completion of the work under this Agreement. 30. INSURANCE DOCUMENTS AND SUBMITTAL A. All required insurance shall be transmitted to the Project Manager within thirty (30) days of award of contract for approval by CITIES. B. The approval of insurance by CITIES shall be a condition precedent to the right of the CONSULTANT to demand or receive payment for the work under the contract requiring such insurance. No request for payment will be processed until the required insurance has been approved by CITIES and no Notice to Proceed will be issued until such approval has been given. C. The CONSULTANT shall submit as proof of comprehensive general liability insurance coverage certificates of insurance endorsed with the special endorsement attached to this exhibit. As proof of professional liability coverage, CONSULTANT shall submit certificates of insurance for the professional liability coverage. All certificates shall be -17- submitted in duplicate with original signatures. Facsimile signatures will not be approved. In addition, if at any time CITIES wish to review the actual policies, CONSULTANT will make available these policies provided that CONSULTANT shall be entitled to retain the policies to protect any proprietary terms of such policies. D. Liability and protection and indemnity policies shall name as additional insureds the Cities of Los Angeles and CARLSBAD, their boards, officers, agents, and employees, and must contain a noncancellation clause exactly as follows: "It is agreed that the insurance provided herein will not be cancelled or reduced in amount until the Board of Harbor Commissioners and the City Attorney of the City of Los Angeles and the City of CARLSBAD and its City Attorney have been given 30 days notice by certified mail." E. Notwithstanding any other provision of this agreement, CONSULTANT also agrees to name N. B. and W. H. Hunt and their agents as additional insureds to the extent of CONSULTANT'S liability assumed hereunder, to the comprehensive general liability policy. 31. COMPLIANCE WITH IMMIGRATION ACT The Consultant shall be aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC Sec. 1101 - 1525) and shall comply with those requirements, including, but not limited to, verifying the eligibility for -18- employment of all agents, employees, sub-contractors and consultants that are included in this agreement. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CH2M HILL CITY OF CARLSBAD By Title APPROVED AS TO FORM: Mayor ATTESTED: City Attorney City Clerk -19- A - EXECUTIVE SUMMARY (Full report on file in Carlsbad Planning Department) Executive Summary Draft Preliminary Design Report - February 1988 BATIQUITOS LAGOON ENHANCEMENT PROJECT Prepared by CKMHILL Tekmarine BATIQUITOS LAGOON ENHANCEMENT PROJECT DRAFT FINAL REPORT EXECUTIVE SUMMARY OVERALL STUDY OBJECTIVES The Batiquitos Lagoon Enhancement Project Preliminary Design Report represents a detailed engineering study and analysis to evaluate the feasibility of the engineering aspects and associated costs of the enhancement project. The enhance- ment project endeavors to fulfill the goals set forth in the California Coastal Conservancy Draft Batiquitos Lagoon Enhancement Plan: to restore tidal flushing by creating adequate tidal prism while conserving and enhancing existing wildlife habitat values and establishing new habitats. The draft enhancement plan was developed over a period of more than 2 years through a public process involving state, federal/ and local public agencies; property owners; envi- ronmental and citizen groups; and interested individuals. This report reviews the methodology and findings of the following: o Existing lagoon sediment characteristics, qualities, and quantities o Volume of dredged/excavated material by type and location for three enhancement alternatives o Excavated/dredged material disposal methods o Excavated/dredged material disposal sites o Excavation/dredging depths and boundaries (detailed grading plans) for three alternatives o Tidal inlet design recommendation o Beach nourishment design recommendation o Hydraulic modeling (circulation and flushing) and water quality analysis within the lagoon for three alternatives o Lagoon sedimentation (SED-4 modeling results) o Sediment control management plan o Existing bridges relative to the lagoon enhance- ment project and methods for their protection DDH1/007 o Avifaunal surveys to date o Engineering cost estimates of project components SUMMARY OF FINDINGS LAGOON SEDIMENTS The sediments proposed to be removed from the lagoon are not hazardous, containing trace or lesser amounts of pollutants, and are well below threshold limit concentrations as defined by the California Administrative Code, Title 22. Therefore, the sediments may be disposed of by conventional land dis- posal methods. Sediments in the western half of the lagoon are composed predominantly of sands and are suitable for beach-front dis- posal, beach nourishment, and least tern nesting areas_. Sediments in the eastern half of the lagoon consist of elastic silts, fat clays, and sands. These sediments can be used as an impermeable capping or lining material, a non- structural fill, or, if mixed properly with other material, as structural fill. DREDGING/EXCAVATION AND DISPOSAL CONCEPTS The three enhancement alternatives require differing amounts of soil removal, as follows: o Alternative A: 3,096,000 yd3 o Alternative B: 2,632,000 yd3 o Alternative C: 2,347,000 yd3 Approximately 380,000 yd3 of the above quantities will be used as fill material within the lagoon boundaries to form least tern nesting sites and a freshwater marsh. The sand in the west and central basins is relatively easy to dispose of because it can be placed on adjacent and near beaches as nourishment. The material comprising most of the east basin is more difficult to dispose of because of its wet cohesive consistency, which creates transport and place- ment problems. The recommended dredging and disposal scheme is to remove an additional depth of sand in the central lagoon, thereby creating a "pit" that can accommodate the material from the east lagoon. A sand cap will then be placed over the relocated material. This method requires moving additional quantities of material locally, using efficient hydraulic dredge equipment. Even though this recommendation requires the dredging of nearly 2 million additional cubic yards for DDH1/007 Alternative A (over the quantity shown above), the estimated cost is lower than the most economical land disposal option. This is an efficient construction technique for in-lagoon sediment disposal that will not alter predicted habitats of the final enhancement project. In addition, it creates more beach nourishment material, reduces the total project con- struction time, and reduces offsite project impacts. As an option to the recommendation discussed above, the most preferred dry land disposal of the east basin material is in the Green Valley area just south of the eastern end of the lagoon. Even though the material would be placed on dry .land, hydraulic dredging would be most attractive and cost- effective because the material could be easily conveyed the relatively short distance required of dredge pipe. If a disposal site is selected more than 3 miles away, soil removal in the east basin would best be handled using con- ventional grading equipment. The east basin could be diked off and dried, and San Marcos and Encinitas Creeks tempora- rily rerouted. The material would be hauled to a disposal site by truck. The nesting season of the California least tern was taken into account when determining the construction schedule to minimize effects to the bird's nesting and foraging habitats. Maintenance dredging will be required periodically. For Alternative A, approximately 25,000 yd3 of material could accumulate in the western portion of the lagoon each year from marine sources. Alternative B could accumulate 17,000 yd3, and Alternative C could accumulate 13,000 yd3. In addition, it is estimated that 3,500 yd3 of sediment will be caught in the east basin sediment trap. This study contains a maintenance program to ensure that the cumulative effects of sedimentation will not affect the long-term viability of the enhancement project. TIDAL INLET A comprehensive study has been made of various alternatives for a tidal inlet design. Particular attention has been given to the following: o History of Batiquitos Lagoon and the surrounding area o Longshore sediment transport o Characteristics of other Southern California coastal inlets DDH1/007 o Function and purpose of the inlet o Constructibility o Maintenance With respect to all these considerations, the preferred concept is a small armored channel configuration. The design emphasizes short, low profile jetties with the objective of nominal disruption to the longshore sediment transport. BEACH NOURISHMENT CONCEPT The beach nourishment operations are proposed to take advantage of a large amount of sandy material greater than 0.15 mm in median diameter available from the recommended planned dredging in the lagoon. Considering the recommended central basin disposal pit scheme, approximate total amounts of the sand in the beach nourishment size range are 3,180,000 yd3 under Alternative A, 2,600,000 yd3 for Alternative B, and 2,450,000 yd3 under Alternative C. Although some amounts of this sand will be used for construction of the least tern nesting sites, most is available for beach nourishment. As much as 60 percent of this material is finer than 0.20 mm and is subject to easy washout by wave action. Selection of nourishment sites was made where the presence of cobbles and reduced wave energy (caused by wave divergence) will make this material useful for beach nourishment. Two specific areas have been evaluated for beach nourish- ment: a 3,000-foot shoreline segment near Batiquitos Lagoon, and a 5,700- to 6,500-foot shoreline segment at the Encinas Creek outlet. Both of these sites provide excellent beach access and have provisions for a sizable public parking facility. The Batiquitos site is limited in size and can only accept about 114,000 yd3. The material would be placed on the surface of a regraded cobble berm to improve the amount of time it would remain at the site. A useful period at this site could be 3 years, although a variation from normal ocean conditions could cause substantial variations in duration, either shorter or longer. It should be noted that the proposed maintenance dredging of the inlet area would replenish the Batiquitos site on a continual basis. The natural loss of material from this beach will benefit the downcoast shoreline for a distance of approximately 2 miles, including Leucadia and the northern reach of Encinitas. DDH1/007 At the Encinas Creek site, sand placement totaling as much as 2.1 to 3.1 million yd3 will push the shoreline seaward - 485 to 640 feet. The length of time that nourished sand remains at this beach is variable. One possible scenario could be: 1. Half the width of beach would disappear under a severe low frequency occurring storm. 2. Sand would remain for approximately 15 years under average weather conditions. 3. Longer residency would be obtained if nourished periodically with maintenance dredging, or if unusually calm weather prevails. The beach fill at the Encinas Creek site will serve as a major source of littoral sediment for the shoreline at South Carlsbad State Beach. HYDRAULIC MODELING AND WATER QUALITY EVALUATION Current meters and tide gauges were placed at strategic locations inside Batiquitos Lagoon prior to removal of the natural cobble bar at the mouth of the lagoon in May 1987. Current and tide information obtained from these instru- ments, combined with profile mapping of the ocean bottom conditions, enabled the calibration of hydrodynamic (cir- culation and flushing) and water quality models comparable to actual conditions. The models show the alternatives are capable of achieving 85 to 90 percent of the potential tidal prism, indicating the design of the entrance channel is effective in allowing continuous tidal exchange. This estimate is consistent with previous tidal prism estimates including that computed by the Coastal Conservancy. The tidal prisms of the three alternatives fall into the range of 2.1 to 2.6 million yd*. This volume of water amounts to more than 50 percent of the total volume of water in the lagoon (at +5.0 feet mllw) for any of the three dredging plans. This continual exchange of ocean water will serve to reduce the potential impacts of long-term stagna- tion, as now occurs. The normal water quality of the lagoon should be similar to the ocean throughout the year except during major storm events, which would result in large volumes of fresh water from the uplands. However, the time needed to return to normal water quality would be relatively short throughout the basin. The habitat for fish and other aquatic life should be greatly improved over existing conditions because of improved tidal circulation and water quality DDH1/007 with more consistent levels of salinity, concentrations of nutrients/ dissolved oxygen, and food chain organisms. SEDIMENTATION AND SEDIMENT MANAGEMENT Existing data indicate the inlet closure at Batiquitos Lagoon was not a result of filling by upland sediments and subsequent loss of effective tidal prism. Inlet closure appears to be a result of bridge constrictions near the mouth. The constrictions reduced the scouring ability of the tidal flows leading to sedimentation and closure of the inlet. When the inlet is closed, fine sediments that may normally move through the lagoon (to the sea) are instead trapped in it. Previous estimates of upland sediment delivery to the lagoon appear to be significantly higher that what is expected in the future. This result is due in part to overly conserva- tive estimating techniques and in part to the decreasing effects of development on sediment load. The use of sediment traps as a management technique may not be effective. Under low to moderate flood events, the sediment loads may not be large enough to be of concern. Under extreme flood events the sediment traps may be inef- fective. Sediment basin placement must be considered in relation to the potential for increasing flooding (San Marcos Creek) and interference with naturally existing sediment traps (Encinitas Creek). In both cases, there are strong arguments for placing such structures lagoonward from the bordering highways. For the small creeks entering the lagoon, management of sediment and erosion at construction sites should be sufficient. Construction of permanent sedi- ment traps should be considered only if the sedimentation problem clearly is not transient. The most serious sedimentation problem is the transport of sand through the inlet. Above mllw, the adjacent beach is currently composed of cobbles. However, sufficient sand for transport into the inlet appears to be present on the beach below low water. Beach nourishment by the implementation of the enhancement plan will also add to the supply. Two im- portant consequences are evident: the inlet is the most critical part of a lagoon enhancement design, and the inlet will have to be armored on its sides. EXISTING BRIDGES Existing information has been obtained on all five of the bridges crossing the lagoon. To accommodate the proposed dredging, all of the bridges will require either a form of structural modification or foundation protection. The western portion of Carlsbad Boulevard Bridge may possibly require DDH1/007 extensive footing modifications; however, that cannot be determined until the water level in the lagoon subsides and an investigation of the existing footings can be made. AVIFAUNAL SURVEYS Six avifaunal surveys have been completed to date. Addi- tional surveys will be conducted to complete a 1-year sampling period. Bird use fluctuates with seasonality, with waterfowl populations remaining high through winter and shorebirds decreasing after summer breeding. Water elevations also affect bird usage, as shorebird use continues to decline with high winter water levels (and inundation of habitat). The California least tern (federally listed endangered species) was noted during the breeding seasons and not observed during the winter season (when the bird is typically in Central America and Mexico). The state-designed endangered species, Belding's savannah sparrow, was noted during all six surveys but fluctuated significantly according to season. Construction Costs and Schedule Budget level construction cost estimates and an anticipated construction schedule have been prepared. The total project costs for the various alternatives are summarized as follows: Central Basin Disposal Green Valley Disposal Alternative A $23,488,000 $34,848,000 Alternative B $20,465,000 $29,798,000 Alternative C $19,626,000 $26,119,000 The recommended central basin disposal construction scenario will require a construction contract of 1-1/2 years. Ninety percent of the entire project, including all dredging, will take place in a 5-1/2 month period during the first fall and winter season. The west and central basins will be complete and tidally influenced after this period and the west basin and Park and Ride least tern nesting sites will be finished. The east basin will have been dredged, but finish grading work will need to be done after the basin has had time to dry out somewhat. If the Green Valley or similar offsite disposal scenario is used, the total construction time will remain at about 1-1/2 years. The lagoon west of 1-5 will still be complete at 5-1/2 months, but the east lagoon dredging will be a slower process, extending over the entire contract length. ?DH1/007 Exhibit B BATIQUITOS LAGOON ENHANCEMENT PROJECT SCOPE OF WORK FOR EIR/EIS March 25, 1988 TASK 1—PROJECT MANAGEMENT OBJECTIVE The purpose of this task is to identify clear lines of responsibility for project execution, to develop a detailed workplan, and to establish regularly scheduled meetings for project management purposes. METHODOLOGY Staffing and Organization The overall project management team will include representa- tives from the City of Carlsbad, the Port of Los Angeles, the Army Corps of Engineers, and CH2M HILL. CH2M HILL's project manager will be Daniel D. Heagerty. He will be responsible for all aspects of the project and will be the liaison with the Port of Los Angeles and the City of Carlsbad. Leslie A. Howell, assistant project manager, will function as project manager when Mr. Heagerty is not avail- able and will assist Mr. Heagerty as needed. The director of environmental studies will be Dr. Richard J. Mishaga. He will be responsible for all technical tasks, interaction with CH2M HILL specialists and subconsultants on technical issues, and overall technical quality control. Subconsultants will report directly to the CH2M HILL project manager. Mr. Heagerty will take full responsibility for the project performance of the consultant team. (See Figure 1, Organization Chart.) Workplan A detailed workplan will be prepared after the formal scop- ing process has been completed. The workplan will include a detailed project scope, critical path, and standard operat- ing procedures for technical studies. All field work and data analysis periods will be identified, as will document review requirements and schedules. If it becomes apparent during the progress of the work that additional impacts and/or alternatives require analysis, or that presently anticipated impacts require more or a different type of analysis, the consultant will meet with the City and POLA to discuss changes to the scope of work. PD123.052 Project Instructions Detailed project instructions will be prepared for all team members, subconsultants, City, and POLA staff. These instruc- tions will include: o Project communications and procedures o Billing requirements o Documentation requirements (phone, meetings, etc.) o Formats for reports o Bibliography format o Product outlines Meetings Regular project management meetings will be held with rep- resentatives from the City, POLA, the Corps, and CH2M HILL. At each of these meetings, the following items will be reviewed: o Project status and workplan review o Project schedule, including needed adjustments o Last 30 days of agency and public communications o Issues of management concern o Activities for next 30 days CH2M HILL will be represented by Dan Heagerty at these meet- ings. Other technical members of the consultant team will attend on an as-needed basis as determined by the CH2M HILL project manager. It is assumed that subconsultant project managers will attend meetings at critical stages of the project, at the discretion of the client. CH2M HILL will prepare and distribute meeting notes following each meeting. TASK 2—-PUBLIC MEETINGS OBJECTIVE The purpose of Task 2 is to hold meetings throughout the EIR/EIS process in order to ensure project continuity and maximize agency and public communications. METHODOLOGY Public Meetings Local public workshop meetings will be held in Carlsbad approx- imately every second month. These will be informational dis- cussions with the local public and officials. These meetings will not include formal presentations. The meetings can be scheduled during daytime or nighttime hours. CH2M HILL will be represented by Dan Heagerty, Leslie Howell, or Rick PD123.052 Mishaga. If additional project team members are in the area conducting field work, they will attend the meetings at the discretion of the City. These could include LEAC or other coastal cities meetings. These meetings will not include formal presentations. Minutes will be taken and distributed to the City, POLA, and Corps. City Council/Planning Commission Meetings A total of five formal presentations at public meetings will be prepared and presented by the consultant team on project status. One meeting each with the City Council and the Planning Commission will be held to review the Draft EIR/EIS document. One presentation each will be made to the Planning Commission and the City Council on the Final EIR. A fifth presentation meeting will be made at the discretion of the City. Up to four informal meetings will be held in adjacent commun- ities to discuss littoral drift and related issues associated with the Batiquitos project. These informal meetings will be attended by appropriate consultant team member(s) to be determined by the City. Agency Meetings The following agency meetings are planned at this time: o A scoping meeting for the EIR/EIS to be convened by the Corps o Four agency review meetings o Four U.S. Fish and Wildlife Service (USFWS) meetings regarding the Biological Assessment These meetings will be attended by consultant team staff and City/POLA/Corps representatives as may be appropriate. California Coastal Commission One Coastal Commission hearing will be attended for the review and approval of the project. Project staff attendance will be determined by the City but will not include more than three members of the consultant team. TASK 3—ENGINEERING STUDIES The purpose of this task is to complete engineering and environmental studies and analyses pertinent to the EIR/EIS. These studies are briefly described below. PD123.052 A. Water Quality Model for Alternative 3 A water quality model will be run for the "Intermittent Alternative 3" (developed by the Conservancy) using method- ologies developed for the water quality analysis for Alter- natives A, B, and C in the Preliminary Design Engineering Report. This study effort will provide necessary informa- tion to be used in the EIR/EIS discussion of alternative actions and their consequent water quality results. B. Bridge Inspections Bridge inspections will be undertaken of the West Carlsbad Bridge footings to determine potential impacts to bridge conditions from the enhancement project. Structural engi- neering analyses will be undertaken and a Technical Memoran- dum will be presented to the City and POLA. C. Sediment Load Study Each subbasin of the lagoon watershed will be mapped and analyzed separately for erosion, subsequent upland deposi- tion, and sediment delivery to the lagoon. This will be done for a range of possible rainfall events. Since the watershed and subbasins are quite small, the analysis will be in fine detail to provide good results. This means not only that the unit area considered must be quite small, but also that the number of different erosion and transport con- ditions are large. This study will develop a detailed, fine-scale upland sedi- ment budget. The intent is to determine if sediment traps at the mouths of San Marcos and Encinitas Creeks are neces- sary, or if cost and environmental impacts can be avoided by not having them. The study would also address the neces- sity (or lack thereof) for smaller sediment traps at sub- basins within the watershed. D. Littoral Drift Study Tekmarine will undertake a study utilizing a mathematical model to determine potential impacts to littoral drift caused by the beach nourishment plans and the tidal inlet structures. This study will be incorporated with the Corps coastal studies on littoral drift. E. Physical Environment This study is optional at this time and will require author- ization at a later time. The study will involve development of exposure time curves for the intertidal region on a frequency and duration basis PD123.052 to assist in evaluating what species are to be expected at what elevations. The development of seasonal and diurnal variability in physical parameters under an entire range of tidal conditions (as opposed to the synthetic diurnal tide used to define the overall average conditions) will also be undertaken. The response of the system to the entire range of potential flood events will be described. Assessments of dissolved oxygen and nutrient variability within the lagoon will be developed. The work will concentrate on longitudi- nal variability in space, with minimal consideration of lateral variations. A calibrated kinematic model will be used to answer a variety of "what if" questions. This new and more detailed information on the proposed proj- ect's physical environment will be used for the biological predictions required for the fish and wildlife discussions in the EIR/EIS. F. Geotechnical Studies for Central Basin This task would include drilling eight soil borings using hollow-stem auger or rotary wash drilling techniques. The borings will be advanced to depths of 30 feet. A CH2M HILL geologist will visually characterize and log the samples at 5-foot centers. The laboratory work will include 16 grain size analyses to further characterize the sediments. A technical memorandum will be issued summarizing the results of our investigation. TASK 4—COLLECT AND REVIEW ENVIRONMENTAL DATA/REPORTS AND PREPARE DESCRIPTIONS OF EXISTING CONDITIONS OBJECTIVES The primary objectives of this task are to: o Review the data base of available information pertinent to the EIR/EIS efforts o Prepare descriptions of existing conditions Several aspects of the lagoon's physical and biological con- ditions have been studied by a variety of agencies and con- tractors. Additional data have been developed during the ongoing engineering studies. This task will establish a common level of knowledge and a data base upon which environ- mental analysis can be based. METHODOLOGY Information will be summarized from all available sources of published and unpublished data, including communications with PD123.052 specialists and agency personnel. All data sources and com- munications will be properly documented. Areas of particu- lar environmental concern or special consideration as well as criteria for engineering design of the enhancement project will be described. Existing data will be assembled consistent with CEQA/NEPA requirements. All project team members will submit data report summaries, descriptions of existing conditions, and copies of all collected and field-generated data in a format and at a time established in the workplan and in the project instructions. 1. Existing air quality information will be collected from available data and used in developing discus- sions concerning air quality conditions. Noncompli- ance conditions will be identified and described. These discussions will be based upon existing literature and interviews of regulatory personnel. No field sampling or modeling will be done. 2. Both existing and historical physical and hydro- logical conditions in the subtidal and intertidal ecosystems of Batiquitos Lagoon and the immediate offshore ocean systems will be described based upon literature reviews and information developed in the Preliminary Engineering Design Report (PEDR). 3. Existing water quality conditions in the lagoon and adjacent marine areas will be described. Water quality conditions for both freshwater and salt- water aquatic habitats will be discussed. Physi- cal environmental predictions derived from earlier temperature/water quality modeling efforts will be reviewed as a text discussion. Available data from the Water Quality Control Board will also be reviewed. 4. Dredged material disposal sites (onsite and off- site) will be mapped, and the general physical and biological characteristics of each site will be described. State and federal environmental cri- teria for disposal of dredged material will be reviewed as they apply to the proposed disposal sites. 5. Generalized regional (San Diego County) descrip- tions of both terrestrial and aquatic biological resources will be prepared. Terrestrial biologi- cal descriptions will include existing upland and wetland vegetation cover types and plant associ- ations with terrestrial wildlife (i.e., verte- brates) . This regional description will emphasize PD123.052 those marine, estuarine, freshwater, and riparian wetland ecosystems that occur in the Batiquitos Lagoon ecosystem complex. Regional descriptions of aquatic resources will also include the existing marine ecosystems imme- diately adjacent to the Batiquitos Lagoon area from Oceanside to Encinitas, existing estuarine and freshwater ecosystems within the Batiquitos Lagoon system, and estuarine and freshwater eco- systems typical of the region. Aquatic resources will include all macrobiological ecosystem compo- nents, such as fish, benthic organisms, plankton, aquatic vegetation, etc. 6. Specific to the Batiquitos Lagoon project boundary, a literature review will be undertaken regarding existing saltmarsh and brackish marsh plant asso- ciations and fish and wildlife habitats. Known fish and wildlife uses and ecological relationships will be discussed. This information will be sup- plemented by field surveys to be undertaken in Task 6. 7. Within the Batiquitos Lagoon project boundary, literature regarding existing freshwater marsh and riparian plant associations on Encinitas Creek and San Marcos Creek will be reviewed. For freshwater marsh and riparian systems, physical, ecological, and hydrological conditions will be described based upon the literature. Current environmental stresses and fish and wildlife habitat limitations will be reviewed. This information will be supplemented by Task 6. 8. Descriptions of general ecological relationships, status, potential habitats, and known and poten- tial occurrences will be described and mapped based upon the Biological Assessment to be prepared for federal and state threatened and endangered wild- life. Species of special concern whose habitat distributions have included, now include, or will include (after enhancement) the Batiquitos Lagoon project area will also be reviewed. This discus- sion will include the California least tern, the least Bell's vireo, the California brown pelican, and Belding's savannah sparrow. 9. Within the Batiquitos Lagoon project boundary, existing fishery resources, habitats, and uses will be described based on available literature, unpublished data, and discussions with California Department of Fish and Game (CDF&G), USFWS, and PD123.052 National Marine Fisheries Service (NMFS). No field sampling will be undertaken for preparation of existing conditions. As appropriate, evaluations of the existing physical and hydrological conditions and their fish and wildlife habitat values, devel- oped in the earlier modified Habitat Evaluation Procedures (HEP) analysis, will be summarized. 10. Land use, water use, and local planning objectives of the City of Carlsbad will be discussed. Related land use policies and ordinances will be reviewed. County and state coastal plans will be reviewed as they relate to Batiquitos Lagoon. 11. Socioeconomic conditions in the Carlsbad and north- ern San Diego County area will be described. Local economy, population, and demographics will be dis- cussed based on existing, published information. 12. Existing traffic counts for roads and intersections that may be impacted by the project will be devel- oped using existing available information. Level of service estimations will be made for those roads that may be impacted by project construction alter- natives. No actual counts, metering, or other methods of baseline conditions will be undertaken. 13. Existing and planned public access, beach access, and recreation areas at and adjacent to the lagoon will be inventoried and described. Relationship to other plans such as HPIs will be described. Maps will be prepared and existing policies will be described. City, county, and state goals for access and recreation will be described. 14. Environmental and public safety criteria for the lagoon's tidal opening will be included in the discussions concerning tidal inlet design. PRODUCT The product of this task will be key subsections of a draft chapter for the EIR/EIS that describe certain elements of the environmental setting. These subsections will be incorpor- ated with the subsections prepared in Task 15, Draft EIR/EIS preparation. PD123.052 TASK 5—ARCHAEOLOGY, PALEONTOLOGY, AND CULTURAL RESOURCES STUDY OBJECTIVE The purpose of this task is to identify archaeological, paleontological, and cultural resources that the project may impact. Mitigation measures and potential restricted areas will be identified, if necessary. METHODOLOGY This task includes a literature review and a limited number of interviews by a qualified archaeologist with recognized authorities and local residents familiar with the lagoon setting. Consultation with the State Historic Preservation Office (SHPO) will be coordinated through the Corps and documented. The subconsultant will meet with the Corps archaeologist to review recent Corps work undertaken at or near Batiquitos Lagoon. Surface reconnaissance will be undertaken in all areas that have not been previously surveyed if they are likely to be disturbed during construction. The archaeological surface reconnaissance will focus on the lagoon shoreline and sedi- ment basin areas. Dredge disposal sites, potential vehicle access locations, construction or disturbed areas, and areas of potential disturbance will be investigated. Available literature will be used to describe conditions along the north shore public access trail. The paleontological sur- face reconnaissance will occur only in the eastern end of the lagoon where fossil-bearing strata exist. No subsurface investigations will be performed under this scope of work. Potential resource areas will be identified and mapped. If appropriate, subsurface testing requirements will be identified but not undertaken. Mitigation measures, if necessary to offset potential impacts, will be described. PRODUCT A cultural resources report will be prepared for review by the project management team. Review comments will be incor- porated as appropriate and the report will be submitted by the Corps to SHPO for review and comment. The report will then be summarized for inclusion in the EIR/EIS. A SHPO letter of review (if received) will be included in the EIR appendix. PD123.052 TASK 6—LAGOON BIRD AND VEGETATION ANALYSIS FIELD DATA COLLECTION OBJECTIVES The objectives of this task are to compile and analyze all existing quantitative data on the abundance and diversity of the avian community and its habitat utilization of Batiqui- tos Lagoon, and to undertake focused bird surveys. METHODOLOGY Utilizing existing avifaunal census information, the number of taxa (species richness), individuals (abundance), habitat usage (open water, mudflats, riparian, etc.), and activities (foraging, mating, nesting, resting) will be described. Bird use will be described using statistical information developed during the bird surveys completed in 1987-1988. Bird habitat and usage will be mapped where possible. In coordination with CDFG personnel and others if appropriate, two additional avian field surveys will be done during spring and summer 1988 to search for species of special concern and to refine tech- nical information developed in 1987. Vegetation communities based on plant associations will be mapped (tentative scale 1:4800). One spring field survey will be conducted to field-verify information used in this vegetation mapping effort. The amount of acreage in each major vegetation community will be estimated. In addition, ecological descriptions of plant associations will be devel- oped, including qualitative estimates of cover, dominance, etc. No field productivity studies will be undertaken and no predictions of future vegetation productivity will be prepared, PRODUCTS A technical memorandum will be prepared that will include all data collected during 1987 and 1988 surveys, and the CDFG waterfowl data. The data will be analyzed and summarized, and the results will be interpreted. The resulting data base presented in the technical memorandum will be used in the baseline/existing environment section of the EIR/EIS and, if applicable, will be included in a technical appendix. The baseline/existing environment section dealing with the bird resources will be prepared as a quantitative discussion with seasonal characterization of abundance, usage, and species richness. A vegetation map will be prepared for the EIR/EIS document, and the plant species composition of each mapped community will be described in an accompanying text. PD123.052 10 TASK 7—WETLAND/RIPARIAN HABITAT REQUIREMENTS AND EXISTING HABITAT CONSERVATION PLAN OBJECTIVE The purposes of this task are: (1) to verify and develop specific wetland and riparian habitat requirements to ensure the attainment of the habitat value goals described in the enhancement alternatives, and (2) to develop a conservation plan for the existing habitats identified in the enhancement alternatives for preservation. METHODOLOGY Based on previously developed descriptions of wetland and riparian habitats and requirements, the four alternatives will be evaluated concerning elevations, slopes, inundation frequency and depth variation, soil characteristics, plant communities, and possible planting needs. Environmental criteria will be evaluated for habitat types, including saltwater, brackish, and freshwater marshes, riparian hab- itats, and endangered species habitats for each alternative. Several specific habitats have been identified in the En- hancement Plan as requiring protection in their existing condition. In areas of possible construction activity, a site visit will be conducted to delineate zone protection for each habitat: for example, zones where no disturbance can occur, zones where limited construction may occur with- out jeopardy to the habitat or species users, and buffer zones where temporary protection measures may be necessary during construction. This visit will focus on the areas in which construction is likely to occur close to the site or during a season when certain species may be susceptible to adverse impacts. PRODUCT A technical memorandum will be prepared that (1) describes the design criteria for each wildlife habitat, and (2) iden- tifies protection zones and practices for engineering and construction. A map will be included for the lagoon showing habitat protection areas and areas where construction plan- ning must be integrated with zone location restrictions. Four cross sections will be prepared of wetland and riparian habitats to illustrate elevations, water levels, and plant types. Buffer zone requirements will also be mapped and narrative descriptions prepared. PD123.052 11 TASK 8—MARINE AND IN-LAGOON BENTHIC AND PELAGIC HABITAT SURVEYS OBJECTIVES The purpose of the surveys in Task 8 is to assess existing conditions of marine intertidal zones, shallow subtidal zones, and in-lagoon areas that will be subject to excava- tion and dredging or burial or to other disturbances from proposed dredging, beach nourishment, or dredge spoil dis- posal activities. METHODOLOGY Outside Lagoon The intertidal sandy beach areas planned for nourishment will be surveyed by biologists to determine the types and extent of existing habitat (s), to determine the presence of dominant macrobiotic organisms, and to assess the physical characteristics of the habitat(s). Five intertidal infaunal samples will be obtained from the Batiquitos and Encinas beach nourishment sites (total of ten samples). Samples will consist of 1-liter, 10 cm deep cores sifted through a 1-nun screen. Samples will not be taken from cobble areas. The genus of organisms will be taxonomically field-identified, and all sieved samples will be labeled and preserved for future reference. Two physical sediment samples will be taken at each site and characterized according to sands, silts, cobble, etc. Subtidal areas (-5 to -20 feet) will be surveyed by scuba- diving marine biologists, who will swim eight transects to observe and record the existing habitats and macroepibiota present within the Batiquitos Lagoon area (e.g., cobble beds, kelp beds). The two nourishment sites (Encinas and Batiquitos) will have four transects each taken to charac- terize local conditions. Underwater photographs will be taken where visibility allows. Cobble habitats and other particular habitats will be generally mapped and described to record the existing conditions. In-Lagoon In-lagoon sampling will include eight stations of benthic grabs (1 liter per sample) taken to a maximum penetration of 10 cm. These will include five replicates per station sieved through a 0.5 mm screen. Two stations will be located in the West Basin, two in the Central Basin, and four stations will be sampled from the East Basin. These samples will generally represent the various elevations, salinities, and other habitat conditions existing in the PD123.052 12 lagoon for one season during the spring months. Organisms will be identified in the laboratory with estimates of abundance at the species level. Pelagic resources will be sampled at one station in the West Basin, one in the Central Basin, and three in the East Basin. Samples at these five stations will use duplicate, 10-minute duration, 1 m x 16 cm manta nets with 333 micro- mesh. Species will be enumerated during the laboratory identification of split samples. Also a minnow net (14 ft long with 1 cm mesh) will be used at the same five stations, one sample per station. PRODUCTS The nearshore and intertidal habitats outside the lagoon will be characterized using maps and text. Generalized in-lagoon benthic and pelagic communities will be described and species lists will be developed, based primarily on existing data. The data will be incorporated into the baseline section of the EIR/EIS. TASK 9—PREDICTED HABITAT AND ECOLOGICAL ALTERATIONS OBJECTIVE The purpose of this task is to develop, for the proposed plan and alternatives, ecological predictions for the habitats that may be changed by project construction (e.g., the saltwater/brackish marshes, riparian areas, fishery uses, etc.). METHODOLOGY Predictions for ecological changes will include vegetation and benthic evolutions expected to occur over time, as well as an anticipated stable-state ecology. Fish and wildlife conditions that will evolve as a result of these changes will be described based on relevant studies and findings. Comparisons of the proposed plan and alternatives will be developed where appropriate. The predicted habitat condi- tions will be compared with those on which the Enhancement Plan is based. The effectiveness of meeting the mitigation goals of the HEP will be discussed. The potential for suc- cessful conservation of the habitat values identified in the Enhancement Plan will be determined for each alternative. Mitigation goals defined in the MOA will be compared with the predicted habitat results, and each alternative will be evaluated according to its relative success in meeting these goals. PD123.052 13 PRODUCTS Descriptions of ecological transformations of existing habi- tats will be prepared as part of the EIR/EIS. Expected uses (breeding, rearing, etc.) and seasonality will be described. A map of the predicted habitats and related acreages will be provided. Comparisons of alternatives will be included in the text. TASK 10—NOISE MONITORING AND IMPACTS EVALUATION OBJECTIVE Existing and projected noise conditions will be evaluated to determine potential impacts and regulatory compliance. METHODOLOGY Noise monitoring equipment will be placed in areas of poten- tial impact either from operation of in-lagoon construction equipment or from traffic on nearby transportation corridors (i.e., trucks used for disposal of materials). Noise data developed in prior studies will be evaluated. Monitoring equipment will be placed in areas adjacent to sensitive receptors that may register noise impacts as a result of construction or transportation activities. Com- puterized noise projections will be developed using the STAMINA/OPTIMA or other appropriate noise model. Noise estimates will be developed for areas of potential impact, and maps will depict noise levels relative to sensitive receptors. The City's interim noise ordinance will be used to assess the likelihood of compliance with local regula- tions. PRODUCT A noise evaluation will be prepared, with associated maps, for inclusion in the EIR/EIS document. TASK 11—BIOLOGICAL ASSESSMENT OBJECTIVE The purpose of this task is to assess the status of five species that are covered by federal and state protected spe- cies regulations which are thought to occur in the vicinity of the Batiquitos Lagoon. These species are: the Cali- fornia least tern, snowy plover, least Bell's vireo, Beld- ing's savannah sparrow, and the California brown pelican. PD123.052 14 METHODOLOGY Information on the status of federal and state threatened and endangered species at Batiquitos Lagoon is fragmentary and spread among various status reports and unpublished field journals. A species of concern, the least Bell's vireo, may breed occasionally in riparian areas at the lagoon if suitable nesting habitat is present, fielding's savannah sparrow was observed at the lagoon during the 1987 surveys. The Enhancement Plan has specific provisions for California least tern habitat conservation and enhancement. The California brown pelican was included in the Enhancement Plan as a species of concern. A Biological Assessment report that discusses each of these species will be prepared for submittal by the Corps to the USFWS. Consultation with USFWS and CDFG will be undertaken by the Corps at the outset of this scope of work. Pertinent docu- ments on the target species will be reviewed. Data devel- oped in the 1987 and 1988 surveys will be reviewed with data from agency representatives working with these species. Potential breeding habitats for the Bell's vireo will be evaluated and specifically surveyed twice during the 1988 breeding season. Data on all species will be analyzed in terms of the proposed project engineering and potential impacts. The information will be collated and included in a Biologi- cal Assessment, as required by Section 7 of the Endangered Species Act. The preparation of the Biological Assessment will be led by the Corps as mandated by federal require- ments. The Consultant will prepare information on the five species listed above, based on the 1987 and spring 1988 field surveys, and will present it in a draft Biological Assessment for Corps use. The draft Biological Assessment will address endangered species inhabiting the lagoon, their numbers, phenology, and habitat requirements. The potential effect of Enhancement Plan alternatives on these species will be assessed and incorporated into the document. Conservation measures (as previously developed through PACTEX and new measures) will be described that would reduce or eliminate impacts to the subject species. A preliminary draft Biological Assessment will be submitted to the project management team. After review and revisions, it will be formally presented to the Corps for submittal to USFWS. The Consultant will partici- pate in four agency meetings before and during the consulta- tion process. The Biological Assessment will be summarized in the EIR/EIS. PD123.052 15 PRODUCTS A preliminary draft and a draft Biological Assessment (con- sistent with state and federal requirements) for submittal to USFWS and inclusion in the EIR/EIS will be prepared for the Corps. Consultant will provide technical support during the Section 7 consultation (if required). TASK 12--IMPACT EVALUATION, MITIGATING MEASURES, AND ANALYSIS OF ALTERNATIVES OBJECTIVES The purpose of this task is threefold: o To prepare impact analyses for environmental ele- ments required by CEQA/NEPA o To identify mitigation requirements in addition to those already committed to in the proposed project o To evaluate the environmental effects and feasi- bility of the alternatives for lagoon enhancement, and of alternative designs or construction and disposal techniques developed during the environ- mental engineering process METHODOLOGY This task specifically limits the alternatives to be consid- ered fully in the EIR/EIS to the following: 1. No Action (the future without the project) 2. Proposed Action (Alternative A) 3. Three alternatives from the Preliminary Engineer- ing Design Report as well as the "Intermittent Alternative" (Alternative 3 of the conservancy plan) 4. Three dredged material disposal alternatives o Beach nourishment (two sites) and Central Basin mining and disposal o Upland disposal site requiring trucking, combined with two sites for beach nourishment o Upland disposal at Green Valley (via pipe- line) combined with two sites for beach nourishment PD123.052 16 5. Three sediment basin alternatives: in-lagoon, out-of-lagoon, and no basin 6. Alternative construction techniques (these are considered in the Predesign Report) A discussion of other alternatives that were examined and subsequently dropped from further consideration will be briefly discussed in the EIR/EIS. The following alternatives will not be included in the EIR/ EIS: o Alternative ways of mitigating for the Pac Tex project o Alternative methods for achieving excess mitiga- tion credits for the City of Los Angeles, Board of Harbor Commissioners o Alternative beach nourishment methods o Alternative land use controls or control areas for minimizing lagoon sedimentation o Alternative funding arrangements, ownership, or jurisdiction Under Task 12, the following subtasks will be performed: 1. Describe each of the alternatives and related short-term and long-term considerations to be analyzed in the EIR/EIS. 2. Prepare impact analyses for CEQA/NEPA environmen- tal topics relevant to the project, including but not limited to (please see draft EIR/EIS outline for more detail): o Soils and geology o Lagoon hydrology, including circulation and water quality, groundwater, flood control, and drainage control and water quality o Erosion and sediment control o Oceanography, littoral processes, tidal inlet maintenance o Aquatic and terrestrial biology, including marine, freshwater, wetlands, and riparian PD123.052 17 habitats, fisheries habitat changes, and expected new species uses o Impact evaluations of endangered or sensitive species' habitats will be summarized from the Biological Assessment and Section 7 consul- tation o Analysis of impacts to bird communities, both locally and regionally o Natural resources in the areas of beach nourishment and enhancement o Physical and chemical characteristics of sediments and dredged material o Land use, including impacts to adjacent lands and possible impacts on future land uses of dredge material disposal; consistency with local land use plans, policies, and regula- tions o Impacts on transportation systems, including local and state roadways and major intersec- tions, and effects on bridges at Highway 101, the AT&SF railroad, and Interstate 5; level of service calculations will be made at appropriate intersections o Impacts to archaeological/paleontological/ cultural resources o Public access and safety, including trail systems, inlet safety, beach nourishment sites, and recreational aspects o Energy use and conservation methods o Indirect effects on population/housing, induced growth, and other potential general impacts to the local economy and social con- ditions o Aesthetics o Air quality and noise impact during construc- tion near the lagoon site and along transpor- tation routes Air quality will be estimated based on types and duration of operation of various con- struction, equipment, and particulates and PD123.052 18 carbon monoxide emissions resulting from truck transportation dredge materials. o Effects on public services and utilities o Cumulative effects of this project related to other local, regional projects For each of these topics, the analysis will include construction and long-term operation and maintenance impacts for each alternative being considered. Both beneficial and adverse impacts will be assessed. 3. Whenever possible, reasonable mitigation measures will be developed that may result in further re- finement of the project design or construction techniques, or the measures may be incorporated as conditions in the construction documents or long- term operation and maintenance plans. Mitigation discussions will distinguish between "planned" and "available" measures and the effectiveness of mitigations in reducing impacts. These measures will be discussed in the EIR/EIS. PRODUCTS The products of this task will include five subsections of the EIR/EIS. o Impacts o Mitigation measures and effectiveness of those measures o Analysis of alternatives o Cumulative impacts o Unavoidable adverse impacts TASK 13—MONITORING PLANS OBJECTIVE The purpose of this task is to describe the various moni- toring plans that will be required for post-construction evaluations. PD123.052 19 METHODOLOGY Monitoring plans will be developed that outline sampling and testing requirements and procedures. Plans will be prepared for key elements of the physical and biological environment: o Wetlands vegetation—composition and size o Riparian areas—composition and size o Bird usage by species and habitat o Fishery usage by species and habitat o Water quality conditions o Sediment control PRODUCTS Brief descriptions of monitoring concepts will be prepared for the topic areas listed above for inclusion in the Draft EIR/EIS. After the EIR/EIS comments are received, more detailed plans will be developed. The plans will include purpose, methodologies, frequency and duration, reviewing parties, evaluation criteria, and estimated costs. TASK 14—PREPARATION AND PROCESSING OF DRAFT EIR/EIS OBJECTIVE This task consists of preparation of the Draft EIR/EIS document. METHODOLOGY CH2M HILL will prepare 15 copies of an Administrative Draft EIR/EIS based on the outline developed by CH2M HILL and reviewed by the City, the Port, the Corps, and selected cooperating agencies. Document review meetings will be held to review the document and revise it. CH2M HILL will revise the Administrative Draft EIR/EIS in response to the group's comments and will prepare a final check document for the Corps, the City, and POLA. After final revisions, a camera-ready Draft EIR/EIS and one copy will be delivered to the City for reproduction and dis- tribution. PRODUCTS The products of this task will include a detailed EIR/EIS outline, 15 copies of an Administrative Draft EIR/EIS, 3 final check Draft EIR/EIS documents, and one camera-ready Draft EIR/EIS and one copy. PD123.052 20 TASK 15—REVIEW OF DRAFT EIR/EIS AND PREPARATION OF FINAL EIR/EIS OBJECTIVE The purpose of this task is to receive comments on the DEIR/ DEIS, prepare appropriate responses to comments, and prepare the FEIR/FEIS. METHODOLOGY Consultant will compile and review all written and verbal comments received during the DEIR/DEIS review period with the Corps, the City, and POLA. Responses to comments will be assigned by the City to the appropriate responsible party. Depending on the number of comments received, the POLA, City, and Consultant will decide whether the Final EIR/EIS scope of work needs to be expanded or otherwise amended. If modification is appropriate, the POLA, City, and Consultant will decide on appropriate amendments and will negotiate any change orders required based on the billing schedule provided as Exhibit C (with appropriate adjustments if work will be undertaken in 1989). Consultant will prepare necessary responses to a reasonable number of comments (estimated to be 220 hours of profes- sional staff time). Consultant will coordinate preparation of responses by other parties. Consultant will undertake no new data collection, field work, or computer work during this effort (but will provide necessary clarification, etc., as may be appropriate). Consultant will not remodel any efforts undertaken during previous tasks. A draft packet of responses to comments will be prepared by Consultant for review by the City, Corps, and POLA. This packet will include draft responses from the other principal parties. After review and approval, 15 copies of an Admin- istrative Final EIR/EIS document will be prepared and dis- tributed for review. A review meeting will be held with City, Corps, POLA, and consultant staff to review and revise the Final EIR/EIS document in a consensus forum. Consultant will then prepare three check documents for final review. After review and revision, as needed, one camera-ready docu- ment and one copy of the Final EIR/EIS will be delivered to the City. PRODUCTS o Materials for Draft EIR/EIS public hearing o Comments and responses packet o Administrative Draft FEIR/FEIS o Check document FEIR/FEIS o Camera-ready FEIR/FEIS PD123.052 21 Ill iEL k^ l~~s r•• •in^^^ottz £0 z<111 M lil<oo |2isZ inW^^^^zgoS-oso< ^^3* tt 2 ^i 1 i- o31is & c/>2o*.^^ fMI™ Hi ^^* fc&As1"fliw § §i ZS UlZ O Ul i £ 0 « •& ?u i m 5 if^ o|zinp ^.575 il• 8iJ C 2 - I I 1*-^ Z S oO -Da c II RVICESSi Z a «M^ «AMlo Ul §4g in 2 i 2 w f1 Z !^ 8>o «l5 — »1 £ Ua S" i 0 &5 o> c oc11 •J 10oSi> TJ 1 1 (!)o 1t \£ !jmplloncewood - GreenwArchaeology^. il X Jill Shapiroloberta A. Gnand Assoclalhrf Idi • ^ C 1 5 0 C £ & £ £ =js o ^ • ^ i Is | il o 1 | i §| f £s -. 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DEIR/FINRLIZE EIR/EISI1 Exhibit D BATIQUITOS LAGOON EIR/EIS COST ESTIMATES BY TASK Task 1—Project Management $ 88,000 Project Management Workplan Instructions Meetings Task 2—Public Meetings 38,800 Public City Council/Planning Commission Agency California Coastal Commission Task 3—Engineering Studies Water Quality Model 3,500 Bridge Inspections 6,600 Sediment Load Study3 32,340 Littoral Drift 15,000 Physical Environment 31,165 Geotechnical Studies Centrol Basin 35,000 123,605 Task 4—Existing Conditions 34,180 Task 5—Archaeology, Paleontology, and Cultural Resources 10,750 Task 6—Lagoon Bird and Vegetation Analysis 17,878 Task 7—Wetland/Riparian Habitat Conservation Plan 12,218 Task 8—Marine and In-Lagoon Benthic/Pelagic Habitat Surveys 7,148 Task 9—Predicted Habitat and Ecological Alterations 12,914 Task 10—Noise Monitoring 5,420 Task 11—Biological Assessment 12,112 Task 12—Impacts, Mitigations, and Alternatives Analysis 61,586 aOptional, to be authorized later. PD123.050 Task 13—Monitoring Plans 11,394 Task 14—Preparation and Processing or Draft EIR/EIS 34'184 Task 15—Review of Draft EIR/EIS, Preparation of Final EIR/EIS 47,512 Expenses 46'200 $563,901 PD123.050 Exhibit E 1988 PER DIEM CHARGE RATES FOR PROFESSIONALS AND TECHNICIANS CH2M HILL SOUTHERN CALIFORNIA REGION SCHEDULE NO. 55 Classification Hourly Rate Engineer 9 $175.75 Engineer 8 122.50 Engineer 7 109.25 Engineer 6 93.75 Engineer 5 83.75 Engineer 4 74.25 Engineer 3 65.25 Engineer 2 58.50 Engineer 1 53.50 Engineer 0 45.25 Technician 5 68.50 Technician 4 58.75 Technician 3 51.00 Technician 2 43.25 Technician 1 36.00 Tech Aid 28.75 Office 31.75 Rates are subject to adjustments on December 25, 1988, PD123.051.1 DRAFT OUTLINE ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT STATEMENT BATIQUITOS LAGOON ENHANCEMENT PROJECT SUMMARY A. Major Conclusions and Findings B. Areas of Controversy C. Unresolved Issues D. Relationship to Environmental Protection Statutes and Other Requirements 1. Federal National Environmental Policy Act of 1969 National Historic Preservation Act of 1966 Federal Water Pollution Control Act/Clean Water Act Rivers and Harbors Act of 1899 Coastal Zone Management Act Marine Research, Protection, and Sanctuaries Act Endangered Species Act Fish and Wildlife Coordination Act Clean Air Act Farmland Policy Act Executive Order 11990, Protection of Wetlands Others 2. State California Environmental Quality Act California Coastal Act Porter-Cologne Water Quality Act of 1969 Others 3. Local E. Intended Uses and Authorizing Actions TABLE OF CONTENTS 1.0 INTRODUCTION 1.1 Purpose and Need 1.1.1 Applicant's Purpose and Need 1.1.2 Summary of Memorandum of Agreement re: PAC-Tex Mitigation PD123.054 1.2 Permitting Requirements 1.2.1 Federal Permits 1.2.2 State Permits 1.2.3 City/County Permits 1.3 Public Concerns 1.4 Relation to Previous Documents 2.0 ALTERNATIVES 2.1 Plans Eliminated from Further Study 2.2 No Action Alternative 2.3. Plans Considered in Detail 2.3.1 Preferred Plan Alternative A 2.3.2 Alternative B 2.3.3 Alternative C 2.3.4 Alternative "3" 2.4 Comparative Impacts of Alternatives (Table) 2.5 Significance of Impacts on Environmental Quality Resources (Table) 3.0 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES 3.1 Geology and Topography 3.1.1 Environmental Setting 3.1.1.1 Topography and Structures 3.1.1.2 Materials to Be Dredged 3.1.2 Impacts and Mitigation 3.1.2.1 Alternative A 3.1.2.1.1 Short Term 3.1.2.1.2 Long Term 3.1.2.1.3 Cumulative 3.1.2.1.4 Mitigation 3.1.2.2 Alternative B 3.1.2.2.1 Short Term 3.1.2.2.2 Long Term 3.1.2.2.3 Cumulative 3.1.2.2.4 Mitigation 3.2 Oceanographic Resources/Water Quality 3.2.1 Environmental Setting 3.2.1.1 Tides, Waves, and Tidal Velocity 3.2.1.2 Water Quality PD123.054 3.2.1.3 Upland Hydrological Conditions 3.2.1.4 Upland Water Quality 3.2.2 Impacts and Mitigation 3.2.2.1 Alternative A 3.2.2.1.1 Short Term 3.2.2.1.2 Long Term 3.2.2.1.3 Cumulative 3.2.2.1.4 Mitigation 3.2.2.2 Alternative B 3.2.2.2.1 Short Term 3.2.2.2.2 Long Term 3.2.2.2.3 Cumulative 3.2.2.2.4 Mitigation 3.2.2.3 Alternative C 3.2.2.3.1 Short Term 3.2.2.3.2 Long Term 3.2.2.3.3 Cumulative 3.2.2.3.4 Mitigation 3.2.2.4 Alternative "3" 3.2.2.4.1 Short Term 3.2.2.4.2 Long Term 3.2.2.4.3 Cumulative 3.2.2.4.4 Mitigation 3.3 Air Resources 3.3.1 Environmental Setting 3.3.1.1 Regional Climate and Air Quality 3.3.1.2 Factors Influencing Local Air Quality 3.3.2 Impacts and Mitigation 3.3.2.1 Alternative A 3.3.2.1.1 Short Term 3.3.2.1.2 Long Term 3.3.2.1.3 Cumulative 3.3.2.1.4 Mitigation 3.3.2.2 Alternative B 3.3.2.2.1 Short Term 3.3.2.2.2 Long Term 3.3.2.2.3 Cumulative 3.3.2.2.4 Mitigation 3.3.2.3 Alternative C 3.3.2.3.1 Short Term 3.3.2.3.2 Long Term 3.3.2.3.3 Cumulative 3.3.2.3.4 Mitigation 3.3.2.4 Alternative "3" 3.3.2.4.1 Short Term 3.3.2.4.2 Long Term 3.3.2.4.3 Cumulative 3.3.2.4.4 Mitigation 3.4 Biological Resources 3.4.1 Environmental Setting 3.4.1.1 Lagoon Habitats 3.4.1.2 Marine Shallow Water Habitats PD123.054 3.4.1.3 Marine Deep Water Habitats 3.4.1.4 Beachfront Habitats 3.4.1.5 Other Habitats Within the Lagoon Area 3.4.1.6 Threatened, Endangered, and Other Special Species 3.4.2 Impacts and Mitigation 3.4.2.1 Significant Habitat/Ecosystem Effects 3.4.2.1.1 Alternative A 3.4.2.1.1.1 Short Term 3.4.2.1.1.2 Long Term 3.4.2.1.1.3 Cumulative 3.4.2.1.1.4 Mitigation 3.4.2.1.2 Alternative B 3.4.2.1.2.1 Short Term 3.4.2.1.2.2 Long Term 3.4.2.1.2.3 Cumulative 3.4.2.1.2.4 Mitigation 3.4.2.1.3 Alternative C 3.4.2.1.3.1 Short Term 3.4.2.1.3.2 Long Term 3.4.2.1.3.3 Cumulative 3.4.2.1.3.4 Mitigation 3.4.2.1.4 Alternative "3" 3.4.2.1.4.1 Short Term 3.4.2.1.4.2 Long Term 3.4.2.1.4.3 Cumulative 3.4.2.1.4.4 Mitigation 3.4.2.2 Threatened, Endangered, and Other Special Status Species 3.4.2.2.1 Alternative A 3.4.2.2.1.1 Short Term 3.4.2.2.1.2 Long Term 3.4.2.2.1.3 Cumulative 3.4.2.2.1.4 Mitigation 3.4.2.2.2 Alternative B 3.4.2.2.2.1 Short Term 3.4.2.2.2.2 Long Term 3.4.2.2.2.3 Cumulative 3.4.2.2.2.4 Mitigation 3.4.2.2.3 Alternative C 3.4.2.2.3.1 Short Term 3.4.2.2.3.2 Long Term 3.4.2.2.3.3 Cumulative 3.4.2.2.3.4 Mitigation 3.4.2.2.4 Alternative "3" 3.4.2.2.4.1 Short Term 3.4.2.2.4.2 Long Term 3.4.2.2.4.3 Cumulative 3.4.2.2.4.4 Mitigation PD123.054 3.5 Cultural Resources 3.5.1 Environmental Setting 3.5.1.1 Prehistoric Sites/Lagoon Archaeology 3.5.1.2 Historic Sites/Lagoon Archaeology 3.5.2 Impacts and Mitigation 3.5.2.1 Alternative A 3.5.2.1.1 Short Term 3.5.2.1.2 Long Term 3.5.2.1.3 Cumulative 3.5.2.1.4 Mitigation 3.5.2.2 Alternative B 3.5.2.2.1 Short Term 3.5.2.2.2 Long Term 3.5.2.2.3 Cumulative 3.5.2.2.4 Mitigation 3.5.2.3 Alternative C 3.5.2.3.1 Short Term 3.5.2.3.2 Long Term 3.5.2.3.3 Cumulative 3.5.2.3.4 Mitigation 3.5.2.4 Alternative "3" 3.5.2.4.1 Short Term 3.5.2.4.2 Long Term 3.5.2.4.3 Cumulative 3.5.2.4.4 Mitigation 3.6 Land Use, Water Use, Recreation, and Social Concerns 3.6.1 Environmental Setting 3.6.1.1 Land Use 3.6.1.2 Water Use 3.6.1.3 Recreation 3.6.2 Impacts and Mitigation 3.6.2.1 Land Use 3.6.2.1.1 Alternative A 3.6.2.1.1.1 Short Term 3.6.2.1.1.2 Long Term/ Growth Inducement 3.6.2.1.1.3 Cumulative 3.6.2.1.1.4 Mitigation 3.6.2.1.2 Alternative B 3.6.2.1.2.1 Short Term 3.6.2.1.2.2 Long Term/ Growth Inducement 3.6.2.1.2.3 Cumulative 3.6.2.1.2.4 Mitigation 3.6.2.1.3 Alternative C 3.6.2.1.3.1 Short Term 3.6.2.1.3.2 Long Term/ Growth Inducement PD123.054 3.6.2.1.3.3 Cumulative 3.6.2.1.3.4 Mitigation 3.6.2.1.4 Alternative "3" 3.6.2.1.4.1 Short Term 3.6.2.1.4.2 Long Term/ Growth Inducement 3.6.2.1.4.3 Cumulative 3.6.2.1.4.4 Mitigation 3.6.2.2 Water Use 3.6.2.2.1 Alternative A 3.6.2.2.1.1 Short Term 3.6.2.2.1.2 Long Term 3.6.2.2.1.3 Cumulative 3.6.2.2.1.4 Mitigation 3.6.2.2.2 Alternative B 3.6.2.2.2.1 Short Term 3.6.2.2.2.2 Long Term 3.6.2.2.2.3 Cumulative 3.6.2.2.2.4 Mitigation 3.6.2.2.3 Alternative C 3.6.2.2.3.1 Short Term 3.6.2.2.3.2 Long Term 3.6.2.2.3.3 Cumulative 3.6.2.2.3.4 Mitigation 3.6.2.2.4 Alternative "3" 3.6.2.2.4.1 Short Term 3.6.2.2.4.2 Long Term 3.6.2.2.4.3 Cumulative 3.6.2.2.4.4 Mitigation 3.6.2.3 Recreation 3.6.2.3.1 Alternative A 3.6.2.3.1.1 Short Term 3.6.2.3.1.2 Long Term 3.6.2.3.1.3 Cumulative 3.6.2.3.1.4 Mitigation 3.6.2.3.2 Alternative B 3.6.2.3.2.1 Short Term 3.6.2.3.2.2 Long Term 3.6.2.3.2.3 Cumulative 3.6.2.3.2.4 Mitigation 3.6.2.3.3 Alternative C 3.6.2.3.3.1 Short Term 3.6.2.3.3.2 Long Term 3.6.2.3.3.3 Cumulative 3.6.2.3.3.4 Mitigation 3.6.2.3.4 Alternative "3" 3.6.2.3.4.1 Short Term 3.6.2.3.4.2 Long Term 3.6.2.3.4.3 Cumulative 3.6.2.3.4.4 Mitigation PD123.054 3.6.2.4 Other Uses 3.6.2.4.1 Alternative 3.6.2.4.1.1 3.6.2.4.1.2 3.6.2.4.1.3 3.6.2.4.1.4 3.6.2.4.2 Alternative 3.6.2.4.2.1 3.6.2.4.2.2 3.6.2.4.2.3 3.6.2.4.2.4 3.6.2.4.3 Alternative 3.6.2.4.3.1 3.6.2.4.3.2 3.6.2.4.3.3 3.6.2.4.3.4 3.6.2.4.4 Alternative 3.6.2.4.4.1 3.6.2.4.4.2 3.6.2.4.4.3 3.6.2.4.4.4 3.6.2.5 Social Concerns 3.6.2.5.1 Alternative 3.6.2.5.1.1 3.6.2.5.1.2 3.6.2.5.1.3 3.6.2.5.1.4 3.6.2.5.2 Alternative 3.6.2.5.2.1 3.6.2.5.2.2 3.6.2.5.2.3 3.6.2.5.2.4 3.6.2.5.3 Alternative 3.6.2.5.3.1 3.6.2.5.3.2 3.6.2.5.3.3 3.6.2.5.3.4 3.6.2.5.4 Alternative 3.6.2.5.4.1 3.6.2.5.4.2 3.6.2.5.4.3 3.6.2.5.4.4 3.7 Transportation and Circulation 3.7.1 Environmental Setting 3.7.1.1 Area Traffic 3.7.1.2 Access to Lagoon 3.7.1.2.1 Facilities 3.7.1.2.2 Access B Short Term Long Term Cumulative Mitigation J Short Term Long Term Cumulative Mitigation •^ Short Term Long Term Cumulative Mitigation,3,1 Short Term Long Term Cumulative Mitigation Short Term Long Term Cumulative Mitigation B Short Term Long Term Cumulative Mitigation C Short Term Long Term Cumulative Mitigationn •) n Short Term Long Terir Cumulative Mitigation PD123.054 3.7.2 Impacts and Mitigation 3.7.2.1 Streets and Highway Traffic 3.7.2.1.1 Alternative A 3.7.2.1.1.1 Short Term 3.7.2.1.1.2 Long Term 3.7.2.1.1.3 Cumulative 3.7.2.1.1.4 Mitigation 3.7.2.1.2 Alternative B 3.7.2.1.2.1 Short Term 3.7.2.1.2.2 Long Term 3.7.2.1.2.3 Cumulative 3.7.2.1.2.4 Mitigation 3.7.2.1.3 Alternative C 3.7.2.1.3.1 Short Term 3.7.2.1.3.2 Long Term 3.7.2.1.3.3 Cumulative 3.7.2.1.3.4 Mitigation 3.7.2.1.4 Alternative "3" 3.7.2.1.4.1 Short Term 3.7.2.1.4.2 Long Term 3.7.2.1.4.3 Cumulative 3.7.2.1.4.4 Mitigation 3.7.2.2 Transportation to Landfill 3.7.2.2.1 Alternative A 3.7.2.2.1.1 Short Term 3.7.2.2.1.2 Long Term 3.7.2.2.1.3 Cumulative 3.7.2.2.1.4 Mitigation 3.7.2.2.2 Alternative B 3.7.2.2.2.1 Short Term 3.7.2.2.2.2 Long Term 3.7.2.2.2.3 Cumulative 3.7.2.2.2.4 Mitigation 3.7.2.2.3 Alternative C 3.7.2.2.3.1 Short Term 3.7.2.2.3.2 Long Term 3.7.2.2.3.3 Cumulative 3.7.2.2.3.4 Mitigation 3.7.2.2.4 Alternative "3" 3.7.2.2.4.1 Short Term 3.7.2.2.4.2 Long Term 3.7.2.2.4.3 Cumulative 3.7.2.2.4.4 Mitigation 3.8 Utilities 3.8.1 Environmental Setting 3.8.1.1 Pipeline Facilities 3.8.1.2 Other Utilities/Public Services 3.8.2 Impacts and Mitigations 3.8.2.1 Pipeline Facilities PD123.054 3.9 Noise 3.9.1 3.9.2 3.8.2.1.1 Alternative 3.8.2.1.1.1 3.8.2.1.1.2 3.8.2.1.1.3 3.8.2.1.1.4 3.8.2.1.2 Alternative 3.8.2.1.2.1 3.8.2.1.2.2 3.8.2.1.2.3 3.8.2.1.2.4 3.8.2.1.3 Alternative 3.8.2.1.3.1 3.8.2.1.3.2 3.8.2.1.3.3 3.8.2.1.3.4 3.8.2.1.4 Alternative 3.8.2.1.4.1 3.8.2.1.4.2 3.8.2.1.4.3 3.8.2.1.4.4 3.8.2.2 Other Utilities/Public 3.8.2.2.1 Alternative 3.8.2.2.1.1 3.8.2.2.1.2 3.8.2.2.1.3 3.8.2.2.1.4 3.8.2.2.2 Alternative 3.8.2.2.2.1 3.8.2.2.2.2 3.8.2.2.2.3 3.8.2.2.2.4 3.8.2.2.3 Alternative 3.8.2.2.3.1 3.8.2.2.3.2 3.8.2.2.3.3 3.8.2.2.3.4 3.8.2.2.4 Alternative 3.8.2.2.4.1 3.8.2.2.4.2 3.8.2.2.4.3 3.8.2.2.4.4 Environmental Setting Impacts and Mitigation 3.9.2.1 Alternative A 3.9.2.1.1 Short Term 3.9.2.1.2 Long Term 3.9.2.1.3 Cumulative 3.9.2.1.4 Mitigation Short Term Long Term Cumulative Mitigation B Short Term Long Term Cumulative Mitigation C Short Term Long Term Cumulative Mitigationit •} n Short Term Long Term Cumulative Mitigation Services A Short Term Long Term Cumulative Mitigation B Short Term Long Term Cumulative Mitigation C Short Term Long Term Cumulative Mitigationn -j n Short Term Long Term Cumulative Mitigation PD123.054 3.9.2.2 Alternative B 3.9.2.2.1 Short Term 3.9.2.2.2 Long Term 3.9.2.2.3 Cumulative 3.9.2.2.4 Mitigation 3.9.2.3 Alternative C 3.9.2.3.1 Short Term 3.9.2.3.2 Long Term 3.9.2.3.3 Cumulative 3.9.2.3.4 Mitigation 3.9.2.4 Alternative "3" 3.9.2.4.1 Short Term 3.9.2.4.2 Long Term 3.9.2.4.3 Cumulative 3.9.2.4.4 Mitigation 3.10 Aesthetics 3.10.1 Environmental Setting 3.10.2 Impacts and Mitigation 3.10.2.1 3.10.2.2 3.10.2.3 Alternative A 3.10.2.1.1 Short Term 3.10.2.1.2 Long Term 3.10.2.1.3 Cumulative 3.10.2.1.4 Mitigation Alternative B 3.10.2.2.1 Short Term 3.10.2.2.2 3.10.2.2.3 3.10.2.2.4 Alternative C 3.10.2.3.1 Short Term 3.10.2.3.2 3.10.2.3.3 3.10.2.3.4 Long Term Cumulative Mitigation 3.10.2.4 Long Term Cumulative Mitigation Alternative "3" 3.10.2.4.1 Short Term 3.10.2.4.2 Long Term 3.10.2.4.3 3.10.2.4.4 Cumulative Mitigation 3.11 Public Safety 3.11.1 Environmental Setting 3.11.1.1 Lagoon and Beaches 3.11.1.2 Other 3.11.2 Impacts and Mitigation 3.11.2.1 Tidal Inlet 3.11.2.1.1 Alternative A 3.11.2.1.1.1 Short Term 3.11.2.1.1.2 Long Term 3.11.2.1.1.3 Cumulative 3.11.2.1.1.4 Mitigation PD123.054 10 3.11.2.1.2 Alternative B 3.11.2.1.2.1 Short Term 3.11.2.1.2.2 Long Term 3.11.2.1.2.3 Cumulative 3.11.2.1.2.4 Mitigation 3.11.2.1.3 Alternative C 3.11.2.1.3.1 Short Term 3.11.2.1.3.2 Long Term 3.11.2.1.3.3 Cumulative 3.11.2.1.3.4 Mitigation 3.11.2.1.4 Alternative "3" 3.11.2.1.4.1 Short Term 3.11.2.1.4.2 Long Term 3.11.2.1.4.3 Cumulative 3.11.2.1.4.4 Mitigation 3.11.2.2 Beach Nourishment Areas 3.11.2.2.1 Alternative A 3.11.2.2.1.1 Short Terrr, 3.11.2.2.1.2 Long Term 3.11.2.2.1.3 Cumulative 3.11.2.2.1.4 Mitigation 3.11.2.2.2 Alternative B 3.11.2.2.2.1 Short Term 3.11.2.2.2.2 Long Terrr 3.11.2.2.2.3 Cumulative 3.11.2.2.2.4 Mitigation 3.11.2.2.3 Alternative C 3.11.2.2.3.1 Short Term 3.11.2.2.3.2 Long Term 3.11.2.2.3.3 Cumulative 3.11.2.2.3.4 Mitigation 3.11.2.2.4 Alternative "3" 3.11.2.2.4.1 Short Term 3.11.2.2.4.2 Long Term 3.11.2.2.4.3 Cumulative 3.11.2.2.4.4 Mitigation 3.11.2.3 Land 3.11.2.3.1 Alternative A 3.11.2.3.1.1 Short Term 3.11.2.3.1.2 Long Term 3.11.2.3.1.3 Cumulative 3.11.2.3.1.4 Mitigation 3.11.2.3.2 Alternative B 3.11.2.3.2.1 Short Term 3.11.2.3.2.2 Long Term 3.11.2.3.2.3 Cumulative 3.11.2.3.2.4 Mitigation 3.11.2.3.3 Alternative C 3.11.2.3.3.1 Short Term 3.11.2.3.3.2 Long Term 3.11.2.3.3.3 Cumulative 3.11.2.3.3.4 Mitigation PD123.054 11 3.11.2.3.4 Alternative "3" 3.11.2.3.4.1 Short Term 3.11.2.3.4.2 Long Term 3.11.2.3.4.3 Cumulative 3.11.2.3.4.4 Mitigation 3.12 Socioeconomics 3.12.1 Environmental Setting 3.12.1.1 Land Use and Other Land Development 3.12.1.2 Social Concerns 3.12.2 Impacts and Mitigation 3.12.2.1 Land Use/Land Development 3.12.2.1.1 Alternative A 3.12.2.1.1.1 Short Terir, 3.12.2.1.1.2 Long Term 3.12.2.1.1.3 Cumulative 3.12.2.1.1.4 Mitigation 3.12.2.1.2 Alternative B 3.12.2.1.2.1 Short Term 3.12.2.1.2.2 Long Term 3.12.2.1.2.3 Cumulative 3.12.2.1.2.4 Mitigation 3.12.2.1.3 Alternative C 3.12.2.1.3.1 Short Term 3.12.2.1.3.2 Long Term 3.12.2.1.3.3 Cumulative 3.12.2.1.3.4 Mitigation 3.12.2.1.4 Alternative "3" 3.12.2.1.4.1 Short Term 3.12.2.1.4.2 Long Term 3.12.2.1.4.3 Cumulative 3.12.2.1.4.4 Mitigation 3.12.2.2 Social Concerns 3.12.2.2.1 Alternative A 3.12.2.2.1.1 Short Term 3.12.2.2.1.2 Long Term 3.12.2.2.1.3 Cumulative 3.12.2.2.1.4 Mitigation 3.12.2.2.2 Alternative B 3.12.2.2.2.1 Short Term 3.12.2.2.2.2 Long Term 3.12.2.2.2.3 Cumulative 3.12.2.2.2.4 Mitigation 3.12.2.2.3 Alternative C 3.12.2.2.3.1 Short Term 3.12.2.2.3.2 Long Term 3.12.2.2.3.3 Cumulative 3.12.2.2.3.4 Mitigation 3.12.2.2.4 Alternative "3" 3.12.2.2.4.1 Short Term 3.12.2.2.4.2 Long Term 3.12.2.2.4.3 Cumulative 3.12.2.2.4.4 Mitigation PD123.054 12 3.13 Energy 3.13.1 Environmental Setting 3.13.2 Impacts and Mitigation 3.13.2.1 Alternative A 3.13.2.1.1 Short Term 3.13.2.1.2 Long Term 3.13.2.1.3 Cumulative 3.13.2.1.4 Mitigation 3.13.2.2 Alternative B 3.13.2.2.1 Short Term 3.13.2.2.2 Long Term 3.13.2.2.3 Cumulative 3.13.2.2.4 Mitigation 3.13.2.3 Alternative C 3.13.2.3.1 Short Term 3.13.2.3.2 Long Term 3.13.2.3.3 Cumulative 3.13.2.3.4 Mitigation 3.13.2.4 Alternative "3" 3.13.2.4.1 Short Term 3.13.2.4.2 Long Term 3.13.2.4.3 Cumulative 3.13.2.4.4 Mitigation 4.0 CUMULATIVE EFFECTS AND COMMITMENT OF RESOURCES 4.1 Cumulative Effects 4.1.1 Risk and Uncertainty (general discussion and conclusions) 4.1.2 Relationship Between Local Short-term Uses of Man's Environment and the Maintenance and Enhancement of Long-term Productivity 4.1.3 Growth Inducing Impacts 4.2 Irreversible and Irretrievable Commitments of Resources 5.0 MITIGATION AND ENVIRONMENTAL COMMITMENTS 5.1 Introduction: Identification of Actions and Responsibilities 5.1.1 City of Carlsbad Role 5.1.2 Federal Role (Impacts and Mitigation for Federal Project) 5.1.3 Port of Los Angeles Role 5.2 Mitigation Needs and Opportunities 5.2.1 Mitigation Formulation 5.2.2 Memoranda of Agreement PD123.054 13 5.3 Incremental Justification of Mitigation Plan 5.3.1 Biological 5.3.2 Cultural (if any) 5.4 Environmental Commitments (Table) 6.0 PUBLIC INVOLVEMENT 6.1 Public Involvement Program 6.2 Required Coordination 6.3 Statement Recipients 7.0 LIST OF PREPARERS AND CONTRIBUTORS 8.0 REFERENCES 9.0 INDEX APPENDICES I. Biological Resources Required Coordination Documents Endangered Species Fish and Wildlife Coordination Act Report II. Cultural Resources Memoranda of Agreement, if required III. Glossary, Acronyms TYPICAL FIGURES 1. Study Area 2. Alternative Plans 3. Biological Resources 4. Biological Mitigation Plan TYPICAL TABLES 1. Compliance with Environmental Protection Statutes 2. Comparative Impacts of Alternatives 3. Significance of Impacts 4. Summary of Water Quality Data 5. Summary of Habitat Resources 6. Threatened, Endangered, and Other Special Status Species PD123.054 14 7. Summary of Habitat Losses 8. Summary of Biological Mitigation Goals 9. Summary of Habitat Gains from Recommended Biological Mitigation 10. Environmental Commitments PD123.054 15 ASSESSMENT OF BLEP ON LITTORAL DRIFT The impacts of the proposed Batiquitos Lagoon jetties and beach nourishment on local littoral drift vill be accomplished through a numeri- cal model of the shoreline betveen Agua Hedionda extending to the south of Encinitas. The shoreline model will compute longshore transport at ap- proximately 2000 foot increments along the shoreline and vill take into account the impacts of the jetties, the beach nourishment, Agua Hedionda maintenance dredging, and the proposed Oceanside Harbor sand bypass opera- tions. The model to be used vill be structured after GENESIS which is presently being developed by CERC for such applications. The computer shoreline model vill take as input the local vave condi- tions as measured in the Coast of California Storm and Tidal Wave Study (CCSTVS) presently being undertaken by the U.S. Army Corps of Engineers, Los Angeles District. Model calibration vill consist of comparing model predictions of shoreline locations vith shoreline surveys also available through CCSTVS given the observed vave climate during the shoreline profil- ing study. The calibration period may include the period extending as far back as 1983 through the present but vill more likely Include some subset of this period due to data availability. The prediction of future shoreline locations will be made using vave statistics generated from the observed vave climate at Oceanside and Del Mar as part of the CCSTVS. The future shoreline predictions vill be made assuming the preliminary design for the Batiquitos jetties and beach nourishment as veil as the absence of these features to determine the actual impact. The computer shoreline model vill include the effects of vave diffrac- tion and refraction near the presence of jetties and nearahore bathymetry as veil as inland sediment sources and sinks and offshore losses. Other sediment budget studies prepared under the CCSTVS in this region vill be used for comparison vith model predictions. --LL3IT F SPECIAL INSURANCE ENDORSEMENT NO. 91 Notwithstanding any inconsistent statement In the policy to which the endorsement is attached or any endorsement now or hereafter attached thereto, it is agreed (1) the City of Los Angeles, the Board of Harbor Commissioners, the Harbor Department, and its officers, agents, and employees; and (2) the City of CARLSBAD, and its Board, its officers, agents and employees wnTle acting within the scope of their authority, are included as additional insureds with respect to liabilities assumed by the CONSULTANT pursuant to Agreement approved on April 21, 1987 by Resolution No. 9028 between CONSULTANT and the City of CARLSBAD. Such insurance is to be primary and not contributing with any other maintained by said additional insureds. The policies listed below shall apply severally as to each insured except that the inclusion of more than one insured shall not operate to increase the limit of the Company's liability; and the inclusion thereunder of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. Name Insured and Address: CH2M Hill. Inc.. 2510 Red Hill Avenue. Suite A Santa Ana, Ca 92706 COVERAGES TO WHICH THIS EFFECTIVE ENDORSEMENT DATE OF POLICY POLICY LIMITS OF INSURANCE ATTACHES ENDORSEMENT NUMBER PERIOD LIABILITY COMPANY GL 4/21/87 2-86- 4-1-87-88 2,000,000 General MXC-621- Aggregate 2050 1,000,000 Each Occurrence Fireman's Fund Ins. The policy(ies) shall not be cancelled or reduced in coverage until after the Board of Harbor Commissioners and the City Attorney of the City of Los Angeles and the City of Carlsbad and its City Attorney have each been given thirty (30) days prior written notice by certified mall, return receipt requested, addressed as follows: Board of Harbor Commissioners Office of the City Attorney P.O Box 151 City of Carlsbad San Pedro, California 90733 1200 Elm Avenue Carlsbad, CA 92008-1989 Office of the City Attorney P.O Box 151 San Pedro, California 90733-0151 There are no deductibles or self-insured retentions unless otherwise noted. ($ deductibles (or self-insured retention) for coverage.) INSURANCE COMPANY ADDRESS: By AUTHORIZED OFFICER (No facsimile signature accepted) TITLE: ADDRESS: TELEPHONE: ( )_ DATE: APPROVED AS TO FORM JAMES K. HAHN, City Attorney City of Los Angeles By APPROVED AS TO FORM City of Carlsbad , City Attorney -2-