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HomeMy WebLinkAbout1989-11-14; City Council; 10366; AGREEMENTS FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE REVIEW OF THE CARLSBAD PROMENADE-- EIR 89-2I I, T CITmF CARLS8AD - AGENDmILL !&#- W@ AB# /t( 36 b CITY An'?$ AN ENVIRONMENTAL IMPACT REPORT MTG. 11/14/89 DEPT. HD.G TIT LEA GEE^^ FOR THE PREPARATION OF FOR THE REVIEW OF THE CARLSBAD PRf&fFNAnF.- FIR 89-3. CITY MGRE i' I . DEPT. PLN RECOMMENDED ACTION: That the City Council ADOPT Resolution No. '59 - c~ L.S , authorizing the Mayor to enter an agreement with the consulting firm RECON to prepare an Environmental Impact Report for the Carlsbad Promenade project, and Resolution No. 5 'I - cI C 6 authorizing CARLCANNON ASSOCIATES to provide funding for the environmental impact report. TTZM EXPLANATION As a part of the review of the proposed Carlsbad Promenade mini-mall, staff has determined that an environmental impact report should be prepared. Staff has expressed these concerns to the project proponents, Carlcannon Associates. Per City policy the Carlcannon Associates has agreed to pay the full cost for the preparation of this Environmental Impact Report. An. agreement to this effect is attached. Requests for proposals were sent to five consulting firms, two of which responded. The bids for the preparation of an EIR were $32,980 and $68,000. For each proposal submitted, the Planning Department conducted a thorough review of the scope of work, the subconsultants to be used, qualifications and costs. The difference in cost appears to be related to the fact that one of the consulting firms has done extensive work in the Carlsbad area. P w >o 2 a h After reviewing all proposals, staff believed that RECON ($32,980) should be selected to prepare the Environmental Impact Report for the review of this project. Their proposal was comparable to the higher bid and had better detail. The report will be prepared by specialists familiar with the Carlsbad area. RECON has previously prepared numerous EIR's for the City. Because of the above stated reasons, staff recommends RECON for the preparation of the Carlsbad Promenade Environmental Impact Report. The estimated cost of the proposed work is not to exceed $32,980.00. I I FISCALIMPACT The developers Carlcannon Associates are responsible for the provision of the funding 2 and execution of this agreement. g for the EIR. Funds will be deposited with the City in a trust account, upon approval K a EXHIBlTS $ 2. City Council Resolution No.%q "4Gs (Agreement WEECON) 5 1. Location Map 0 3. City Council Resolution No. qci-Llc 6 (Agreement w/CARLCANNON) 0 I7 7 ,O LOCATIQN MAPW p LAGOON I 1 City of Ga 1 I a 0 Mayor Lewis: Mr. Hammer Mr. Hammer: Good evening Mayor Lewis, members of the Council. My name is Dan Hammer. I live at 4015 Isle Drive in Carlsbad. Last week, Councilman John Mamaux admitted that he had begun working for Centre Development Company in November, 1989. He pledged that of course he would never vote on any 1 egi sl ati on that remotely affected his company. In reviewing the minutes of recent Council Development Company is currently in the process of developing Carl sbad Promenade, a hotel, off ice, retai 1 complex near Pal omar Airport - another Centre Development. At over 900,000 square feet and I don't know if you've seen this but it's a major project near the airport. It will not only be Centre's biggest project, but the biggest project in the Airport area. Before a project of this magnitude can proceed an environmental impact report or EIR must be prepared. No EIR, no project. On November 14, 1989, the Council adopted resolutions 89-405 and 89-406 approving agreements with private consultants to prepare EIRs on the Carlsbad Promenade Project. Mr. Mamaux voted to approve these resolutions. He never told the Council or the pub1 ic about his interest in the project or about his private interest in this public legislation. Our form of government is based on a bond of trust between the community and their representatives. When that trust is breached citizens begin to look with suspicion on their government. I strongly bel ieve that out City Council must never be compromised. It should always remain above reproach. At the moment that standard is not being met. To restore faith in our City government, the Council needs to encourage all its members to avoid even the appearance of impropriety or conflict of interest. Thank you. meetings, we can see that Mr. Mamaux has violated this pledge. Centre m/y pX!MJ p& miJ 70 & 1 F,Y /gn-oR~Jq -I .T , m 0 CITY OF CARLSBAD CITY COUNCIL MEETING AGENDA d' NOVEMBER 14, 1989 NOTICE TO THE PUBLIC 1. Citizens may have an item listed on the agenda by submitting a letter to the City Manager ten (10) days prior to the meeting. 2. It is Council's policy to adjourn meetings no later than 1O:OO P.M. 3. Council meetings are divided into categories shown below. CONSENT CALENDAR: If you desire to address the Council regarding an item on the Consent Calendar, a written "Request to Speak" form must be filed with the City Clerk prior to the time Counci 1 calls the Consent Calendar. The i tems 1 isted under Consent Calendar are considered routine and wi 11 be enacted by one motion as 1 isted. There wi 11 be no separate discussion on these i tems prior to the time Counci 1 votes, unless an i tern is removed. PUBLIC COMMENT: If you desire to speak to the Council about an item not listed on the agenda, a pink "Time Reservation Request" form should be filed with the City Clerk. A total of 15 minutes is provided so that members of the public can address the Council on items that are not listed on the agenda. Speakers are limited to three (3) m.inutes each. When you are called to speak, please come forward and state Your name and address. In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. PUBLIC HEARINGS: It is not necessary to file a request to speak on items listed on this agenda as Public Hearings. ALL OTHER CATEGORIES: For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Counci 1 gets to that item. There is a five (5) minute time limit for i ndi vi dual speakers. .I .T rn 0 CALL TO ORDER: 6:OO P.M. ROLL CALL: PRESENTATIONS: Presentation of a Proclamation for Red Ribbon Season. Presentation of a Proclamation for Optimist Youth Appreciation Week. APPROVAL OF MINUTES: None CONSENT CALENDAR WAIVER OF ORDINANCE TEXT READING: APPROVED This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. [951 1- AB #lo7360 - 1988-89 CURBS, GUTTERS AND SIDEWALK REPLACEMENT PROGRAM - [451 CONTRACT NO. U/M- 28. Adopting Resolution No. 89-400, accepting bids and awarding a contract in the amount of $61,963.20 for the rep1 acement of curbs, gutters and sidewalks in various locations in the City to J.H.P. Construction of Oceanside, California. COUNC I L ACTION: APPROVED [811 2. AB #10,361 - ACCEPTANCE OF DONATION. Adopting Resolution No. 89-401, accepting a $1,500.00 dollar donation from the Fieldstone Company in support of Youth Recreation Programs. COUNC I L ACT *ON ' APPROVED [841 3. AB #10,362 - PURCHASE OF REPLACEMENT FIRE DEPARTMENT PUMPER TRUCK. Adopting Resolution No. 89-402, approving the purchase of a replacement Fire Department pumper truck in the amount of $167,494.59 from Beck Fire Apparatus. CoUNC I I- APPROVED ACT ION : [991 4. AB #10,363 - ACCEPTANCE OF A COVENANT FOR EASEMENT - CONSTANTINO MEDINA JR. - MS 766. Accepting a Covenant for Easement for private drainage purposes located at Cynthia Lane and Knowles Avenue, from Constantino Medina, Jr. CoUNC I L APPROVED ACT ION : 1811 5. AB #10,364 - ACCEPTANCE OF GRANT DEED FOR STREET PURPOSES. Adopting Resolution No. 89-404, accepting a Grant Deed for street purposes on Highland Drive from Brian J. and Murial J. Watts. COUNC I L. - ACT ION : APPROVED 2 .I ,I -e '0 [''I 6. AB #10,365 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - OLYMPIA DRIVE CLOSURE - PD 293. Accepting improvements, authorizing the City Clerk to record the Notice of Completion and release bonds, and directing the Utilities and Maintenance Department to commence maintaining the public street imwovements constructed at the OlvmDia Drive cul-de-sac. COUNCI L APPROVED ACTION: "I [851 7. AB #10,366 - AGREEMENTS FOR PREPARATION OF ENVIRONMENTAL IMPACT REPORT - 1451 CARLSBAD PROMENADE-EIR 89-2. Adopting Resolution No. 89-405, approving an agreement with the consulting firm RECON to prepare an Environmental Impact Report for the Carl sbad Promenade project; and Adopting Resolution No. 89-406, authorizing Carlcannon Associates to provide funding for the EIR. ACT ION : 'OUNC I L APPROVED .............................................................................. * * * In conformance with the Brown Act, no Council action can occur on * * items presented during Public Comment. * * PUBLIC COMMENT * * A total of 15 minutes is provided so members of the public can address * * the Council on items that are not listed on the Agenda. Speakers are * * limited to three (3) minutes each. If you desire to speak to the * * Council about an i tern not 1 isted on the Agenda, a pink "Time Reserva- * * tion Request" form should be filed with the City Clerk. * * When you are called to speak, please come forward and state Your name * * and address. * * * * JC * * .............................................................................. ORDINANCES FOR INTRODUCTION [741 8. AB #10,367 - ADDITION OF DEPUTY CITY ATTORNEY AND SECRETARY I TO THE OFFICE To consider amending the Municipal Code to add a Deputy City Attorney as an unclassified employee; and To consider amending the City's classification plan, management salary schedule and Council Policy #36, to include the position of Deputy City Attorney, and approving a fund transfer to add a Deputy City Attorney and Secretary I to the City Attorney's Office. OF THE CITY ATTORNEY. Resolution No. 89-407. Introduction of Ordinance No. NS-93. COUNCI L ACT I ON : APPROVED ,. 5 I -1 > !U - -. m DEPARTMENTAL AND CITY MANAGER REPORTS L371 9. AB # 10,368 - CITY COUNCIL GOALS AND OBJECTIVES THIRD QUARTER UPDATE. To receive an update on the status of Council aoals and objectives. " " COUNCIL Council accepted the report. ACT I ON : [771 10. AB #10,369 - GROWTH MANAGEMENT FINANCING. To consider adopting a revised City Council Pol icy No. 38 for use of Mello-Roos Community Facilities Act of 1982; and To consider directing staff to return with documents to form the first Community Facilities District. COUNCIL ACT I ON : APPROVED E701 11. AB #10,370 - NORTHWEST QUADRANT CITIZENS' GROUP REPORT. Mr. Monroy, on behalf of the Northwest Quadrant Citizens' Group, has requested the opportunity to present their parks report to Council. COUNCIL Council heard the report. ACTION: 1701 12. AB #10,371 - PARK SITE AND FACILITY PLANNING SUBCOMMITTEE FINAL REPORT - NORTHWEST QUADRANT PARK ISSUES. To consider accepting the report from the Park Site and Facility Planning To consider directing staff to continue working with the Subcommittee to analyze possible sites for future recreation development in the northwest quadrant; and To consider directing staff to return the item to the Parks and Recreation Commission for a final recommendation to be incorporated in preparation of the Capital Improvement Program. Subcommittee concerning Northwest Quadrant Park Issues; and CoUNC1L See minutes for details. ACT ION : [371 13. AB #10,372 - FUTTSU SISTER CITY REQUEST. To consider a request from the Futtsu Sister City Steering Committee for waiver of the special events processing fee. ACTION: 'OUNC IL Continued for one week. [ 1021 14. AB #10,373 - SPEED LIMIT UPON CALLE BARCELONA. To consider amending the Municipal Code to establish a 30 Mile Per Hour speed 1 imi t upon Calle Barcelona from Rancho Santa Fe Road to Via San C1 emente. Introduction of Ordinance No. NS-94. CoUNC1L Continued for one week. ACT ION : [221 15. AB #10,374 - PRESENTATION ON PART 150 NOISE STUDY - MCCLELLAN-PALOMAR AIRPORT. COUNC I L ACTION: To hear a presentation on the Part 150 Noise Study at Palomar Airport. Council heard the report. 4 'I -1 mJ 0 [=I 16, AB #lo3375 - REQUEST TO DISCUSS FINING PROCEDURES FOR VIOLATION OF NOISE To consider a request by Council Member Mamaux to discuss procedures for STANDARDS AT MCCLELLAN-PALOMAR AIRPORT. fining violators' of noise standards at McClellan-Palomar' Airport. ACTION: COUNCIL Continued for nnn want VIA+ WCL&\. [281 17. AB #10,357 - APPOINTMENT OF ONE MEMBER AND ONE ALTERNATE TO THE CULTURAL To consider appointing one member plus an a1 ternate to the Cultural Facilities Committee. FACILITIES COMMITTEE. Resol uti on No. 89-398 CoUNC1L Continued for one week. ACT ION : [401 18. AB #10,358 - APPOINTMENT TO CARLSBAD BUILDING AUTHORITY. To consider recommending to the County Board of Supervisors the appointment of one member to the Carlsbad Building Authority, Resolution No. 89-399 COUNCIL Continued for one week. ACT ION : E811 19. AB #10,352 - CONTINUED DISCUSSION REGARDING PROPOSED ACQUISITION OF YMCA To receive a report from the City Attorney concerning Proposition H requirements and to continue discussion concerning the proposed acquisition of the proposed YMCA property. PROPERTY. COUNCIL Continued for one week. ACTION: .............................................................................. * * * The remainder of the categories are for reporting purposes. In * * action can occur on these items. * * conformance with the Brown Act, no public testimony and no Council * * * .............................................................................. COUNCIL REPORTS Pett i ne Alcohol and Drug Abuse Prevention Task Force (ADAPT) McCl el 1 an-Pal omar Airport Advisory Committee 5 'I 7 0 e Mamaux Ci ty/School Committee Corridor 78 Costa Real and City Subcommittee EFJPA (A1 ternate) Encina Waste Water Facil ity (JAC) ENCINA ADMINISTRATIVE AGENCY (EAAL BUDGET COMMITTEE (BAC) PLANS AND POLICIES COMMITTEE League Growth Management Task Force League Revenue and Taxation Committee North County Transfer Station Siting Committee Offshore Oil Drilling Task Force Proposition C - Regional Planning Blue Ribbon Committee Recreational Facilities Financing Committee SANDAG SANDAG Committee to Study SDG&E/Edi son Larson Association of Water Reclamation Agencies Buena Vista Lagoon Committee EFJPA Encina Waste Water Facility (JAC) ENCINA ADMINISTRATIVE AGENCY (EAA) SOLID WASTE SITE SELECTION COMMITTEE SOLID ADVISORY COMMITTEE (SAC) Library Bui 1 ding Review Committee NCTD (A1 ternate) SANDAG ,Mid-County Traffic Study Committee Kul chin Alcohol and Drug Abuse Prevention Task Force (ADAPT) (A1 ternate) Board/Commi ssi on Chair Subcommi ttee Carl sbad Legi sl ative Subcommittee Coastal Regional Beach Erosion Committee Corridor Commuter Committee Downtown Village Merchants Futtsu Steering Commi ttee LAFCO Library Building Review Committee Local Coastal Plan LOSSAN Corridor Committee NCTD Oceanside/Carlsbad Beach Erosion SANDAG (A1 ternate) San Diego Service Authority for Freeway Emergencies Board (SAFE) 6 .I ., mJ 0 i' Lewi s Board/Commi ssion Chair Subcommittee Buena Vista Lagoon Committee Carlsbad Legislative Subcommittee Ci ty/School Committee Corridor 78 Costa Real and City Subcommittee Futtsu Steering Committee LAFCO League Revenue and Taxation Committee Local Coastal Plan North County Immigration Task Force North County Transfer Station Siting Committee North County Mayors and Managers North County Mayors Council Proposition C - Regional P1 anning CITY COUNCIL COMMENTS: CITY MANAGER COMMENTS: CITY ATTORNEY COMMENTS: ADJOURNMENT. CERTIFIC'ASC I?€ POS4ING 1 do herabj certify !hat a copy of the foregoirlg 7 I t rn 0 MINUTES $.leeti ng of: CITY COUNCIL (Regular Meetina) Date of Meeting: November 14, 1989 Time of Meeting: 5:OO p.m. Place of Meeting: City Counci l Chambers C,4LL TO ORDER: Mayor Pro Tm Kulchin called the Meeting to order at 6:OO p.m. ROLL CALL was taken by Tne City Cler;c, as fo! !ows: Present: Council Members Lewis, Kulchin, Pettine, Mamacx and iarson. PQESENTATIONS: Mayor Pro Tem Kulchin read a proclamation designatlng the weeks frm November 21, 1989, through January 1, 1990, as PROJECT RED RIBBON SEASON. The Proclamation was accepted by Police Chief Vales. Meyor Pro Tem Kulchi? read a ?roclamation designating the second week of November, 1989, as YOUTH APPRECIATION NEEK in the City of Carlsbad. The ?roclamation was accepted bv %uce Ouellet, Presiden- of the Car!sbad Optimist C!ub. COFJSENT CALENDA9: Counci I aff irrned the actio^ of the Consent Calendar, Lewis X as fol lows: Kulchin XX Pett i ne X Mamaux X :arson X WAIVER OF ORDINANCE TEXT READING: Counci l waived the read i ns of the text of al 1 Ordinances and Resolutions at this Meeting. 1 . AB til 0,350 - 1988-89 CURBS, GUTTERS AND SIDEWALK REPLACEVENT PROGRAN - CONTRACT NO. U/M-28. Council &opted RESOLUTION NO. 89-400, accepting X Kulchin $61,963.ZC, to J.Y.P. ConsTruction of Oceanside, California, for tc,e reo!acement of curbs, gutters and sidewalks in various locations in the City. the bids and awarding a contract in the mount of 2. AB #10,361 - ACCEPTA,NCE OF DONATION. Counci I adopted RESOLUTION NO. 89-401, acceofing a $1,500 donation frm Tne Fieldstone Company in support of Youth Recreation Programs. 3. AB #10,352 - PURCHASE 0; REPLACEVENT FIRE DEPARTMENT PUMPER TPUCK. Council adopted RESOLUTIOY NO. 89-402, aoprovin~ the purchase of a replacement Fire Department pumper truck from Beck Fire ADparatUS in tie amount of $157,494.59. 4. A5 #10,363 - ACCEPTANCE OF A COVENANT FOR EASEMENT - CONSTANTINO MEDINA, JR. - MS 765. Council accepted a Covenant for Easement from Constantino Medina, Jr., for private drainage Avenue. pur~oses located a-r Cyni-hi2 Lane 2nd Knowles I L w m I MINUTES November 14, 1989 Page 2 CONSENT CALENDAR: (Continued) 5. AB f10,364 - ACCEPTANCE OF GRANT DEED FOR STREET PURPOSES. Council adopted RESOLUTION NC. 89-404, accepring a Grant Deed from Brian J. and Kurial J. Watts conveying an easement for street purposes on Highland Drive. 6. ,AB #10,365 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - OLYMPIA DRIVE CLOSURE - PD 293. Council accepted improvements, autnorized the City Clerk to record tne NOT ice of Completion and release bonds, and dlrectel the iiti 1 ities and Maiqtenance Department to cmmence maintaining9 the pub1 ic streei improvements constructed a+ the Olympia Drive cul-de-sac. 7. A3 $1 0,366 - AGREEMENTS FOR PREPARAT I Ob! OF ENVIRONPENTAL IMPACT REPORT - CP.RLSBAD PROMENADE- E IR 89-2. Council adopted RESOLUTION NO. 89-405, approving an agreement between the City of Car lsbad and Recon for the preparation of an environmental impact report for the review of the Carlsbad Promenade proJect; and adopted RESOLUTION NO. 89-406, approving an aqreement between the CTty of Carlsbad and _Cartcannon Associates for’the prepaun of an 0- impac-r, report tor the review of tne Ezrlsbad Promenade -‘ElR 89-2. _Cartcannon Associates for’the prepaun of an 0- impac-r, report tor the review of tne Ezrlsbad Promenade -‘ElR 89-2. PUSL IC: COMMENT: Tbere were no requesis to address Council. ORDINAYCE FOR INTRODUCTION: 8. A3 4’10,367 - ADDITION OF DEPUTY CITY ATTORNEY AND SECRETARY I TO THE OFFICE OF THE CITY ATTORNEY. Counci 1 adopted the following Reso[ution and introduced the fo! lowlng Ordinance: RESOLUTION NO. 89-407, APPROVING A CLASSlrlCATION AND FUND TqANSFER, AND AMENDING ME MANAGEMENT SALARY SCHEDULE, COUNCIL POLICY NO. 36 AND MANAGEMENT COMPENSATION PLAN TO PROVIDE FOR A DEPUTY CITY ATTORNEY AND SECRETARY i IN THE OFFICE OF THE CITY ATTORNEY. ORDINANCE NO. NS-93, AMENDING TITLE 2, CHAPTER 2.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 2.44.030 AND 2.44.050 TO ADD A DEPUTY CITY ATTORNEY AS AN UNCLASSICIED EMMPLOYEE. “ Lew i s X Kulchin xx Dett i ne X Wamaux X Larson X 1 I I t a 0 MINUTES Novernber 14, 1989 Page 3 COUNCIL \\F ?!A, 0 C9 2. 7 MEMBERS % $% DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 10. AB #10,369 - GROWTH MANAGEMENT FINANCING. Phi ! Carter, Assistant to the Cii-y Manager, gave the inrtial staff report, using slides to show how the program was formulated. Jim El flott, Finance Dlrector, explain4 the financial program, and Lloyd Hubbs, Ctty Englneer, was present to answer any auestions, together with Mr. Carter and Mr. Elliott. Mr. Carter explained the program as contained in the Agenda Bi 11, asking for a change in wording on Page 3, Council Policy Statement, Policy for Use of the Mello- Roos Community Faci I iries .Act of 1982, Item 9 c, to read: Give prospective purchaser an option to have the tax discharged prior to close sf escrow or to assume the tax by a pass through as a part of the sales price or by a reapportionment of the tax. Vr. Carter stated staff had met witn the School Districts, and tne fncinitas Union Schoo! Disirict was the only one not interested in participating. Ye later stated that the School Districts could do what they wished as far as pass through of the tax, as the City has no control over that. In answer to Council Query, Mr. EiliOtT explained that there are 30C million dollars worth of capital improveqents to be built in Carlsbad between now and bui Idout, with 200 mi I lion to be paid for frm the fee programs in olace. However, Growth ‘Janagement standards must be maintained, with no exceptions, exemptfons and no loopholes. There is no recommendation for a change in the fee programs, so the developers and other indfviduals must guarantee the imDrovements can be put in place. Mr. El Iiott summarized, stating the City was trying to coord inate an approach to ~2y for the capital Improvements, using several dlfferent methods. The plan is to restrict the use of public financing for City-wide facilities, schools and street fmprovenents, which benefit all the citizens of the City. Staff was concerned about restricting residential pass through of Mello Roos tax and wanted to allow pass through for the non-residentiai portion of the Mello Roos tax. They want to estab I Ish reasonable vacant land taxes and to ensure that future City Councils and individuals who wi [ I move into the City have options and the information d 1 sclosed to then In a way +ha+ can be eas i ly undersfod. There are to be no exemptions and no development agreements. The tax burden is to be reasonable and not put an undue hardship on homeowners , I that may ultimately cane lnto Carlsbad. h 0 a MINUTES Wovember 14, 1 989 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Fir. Carter stated that the ear I lest the d istr ict cou Id be formed would be July, 1990, and the latest, January 1991. Counci I Member iarson questioned how a property qual if ied for zero tax, and staff 7nd icated this was I and zoned agr Icu I ture or as def lned In the Local Coastal ?!an. Mr. Carter said that there are portions of land still in Lhmlted Control zoning in Zones 14, 15 17, 19, 20, 21 and 24. Mr. iarson said tnat perhaps there should be the ability to petition during the process. Mr. Carter said that the family farms tnat exist were the ones staff wanted to include in the agriculture zoning, and added that Council would set the rate annually for the non-residential property and agriculture. Mike Ryan, 2382 Faraday 55300, representing Leisure Tech, stated they were supportive of the program as outlined by staff, with one exception--Rancho Santa Fe Road. Ye said that items to be included had to aualify in two categories; major facility, general in nature to the City, and major facilities too large to be funded by any one developer and reouiring puSIIc debt. Ranch Santa Fe Road qualifies under both of these categories. He feft this was a very cr i tica! road to the City and shou Id be included in the City-wide Mello ROOS, and he asked Council to dlrect staff to include this road. Doug Avis, 6670 El Camino Real , representing The Fieldstone Company, spoke in support of the program. Mr. his sald there were two areas of concern; first, the timing of the Ciry-wide Mello-Roos in relation to the ultimate processing and approva\ of the zone plans. Ye felt the schedule to process the City-wide aistrict should be quicker and coordinate with the Rancho Santa Fe Road financing. Ye asked for thelr zone plan to be processed concurrenty with the City-wide Me1 Io-Roos, and concluded, say; ng they want to bui Id Rancho Santa Fe Road as soon as possible. Yr. Av! s said the second concern was the timing of the guarantee of Rancho Santa Fe Road, and he suggested a covenant recorded agai nst their property and waive protest rights at a future point. Tnis would guarantee the Clty would have the righT to build the road and set economlc boundaries. John Barone, The Fieldstone Company, 5465 Morehouse Drive, San Diego, spoke regarding development agreements, and asked Counci 1 to keep an open mind on this topic and not preclude +hem from fu+ure d iscusslons. - 1 - 0 MINUTES November 14, 1989 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mayor Lewis stated that it was Council's stand not to accept developer agreements and staff had been advised of that. Doug!as Ford, 1921 Pa!omar Oaks Way, representing Zone 5 landowners, referred to a letter submitted to the City Clerk prior to this meeting, in support of the Mel lo-Roos, and asking help in two areas. One area was the way in which the special tax structure applies to non-residentiaf property and the lowering of the tax rate on vacant land. qe said the taxes and financing costs in Zone 5 were borne by businesses of all types, and it was not an issue of how much in total, but how it was divided. He said that the vacant parcels in that zone will remain vacant for maybe two decades, and the burden needs to be tailored to that perid of time. Mr. Ford said the second area was l-he inclusion of the park reauirement, which is the ob!igation of Zone 5, into the financing of the parks facilities. rinne Mauch, 3425 Ridgecrest Drive, expressed concern about the major change in the way pub!ic faci!Ities wi!l be financed in The City without widespread consultation and public discussion. She said the meetings he!d for owners of undeveloped property should have included al1 the citizens, as this would have a direct impact on the pace of growth In the City. Mrs. Yauch said this undermines the role the Growth Management Plan plays in Carlsbad and will become an accelerator for development. She asked Counci! to delay a decision on the start of this program until public workshops can be provided to explain the program. Fred Morey, 7690 El Camino Rea!, Suite 209, representing M.A.G. Properties, spoke with regard to Ranch0 Santa Fe Road, stating this road went from a major to a prime arterial because of the people from San Marcos and Encinitas using that road. He felt staff should review +his road with the realization that it is a prime ar-i-eria! and make it an over-al! City obligation. John Fulbright, 3730 Via Las Villes, representing Kaufman S 9road, suggesTed that if a financing plan was consented to by a vacant landowner, they would have the right to plan and deve!op in the future with the rules and regulations in effect at the time of tne passage of the community facilities district. Council adopted a revised City Council Policy 38 for use of Mello-Roos Community Facilities Act of 1982; and directed staff to return with the approoriate documents to form the first Community Facilities District. Lewis Kulchin Pettine Mamaux Larson w, m MINUTES Wovernber 14, 1989 Page 6 RECESS: Mayor Lewis declared a Recess at 8:18 p.m., and Council re-convened at 8:28 p.m., w'ith al I Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 11. AB #10,370 - NORTHWEST QUADRANT CITIZENS' GROUP REPORT. Mario Monroy, on behalf of the Northwest Quadrant Citizens' Group, reported that the School Dtstricts are an independent agency and Car lsbad has four different School Districts. He sald the Citizens' Group wish& to present reasons why the City should change its present polIcy of counting schoolgrounds to meet City Park Standards. Mignon Bowen, Dave Copley and Don Jacksor;, Members of the Group, gave the report as contained in the Agenda 3i 11. Mr, Yonroy stated that the Group was no? recomend ing that the agreernenn between the City and the School Districts be stopped. They felt the schoolgrounds shou Id not be counted 100 percent toward park standards, and the City should continue to tncrease iTs inventory of park I and over and above whai- is required. 12. AB #10,371 - PARK SITE AND FACILITY PLANNING SUBCOMMITTEE F I NAL REPORT - NORTHWEST QUADRANNT PARKKK ISSUES. Davld Bradstreet, Parks and Recreation Director, gave the staff report as confat ned in the Agenda Bi 1 I. He introduced the Park Site and Facility Planning Subcommittee of the ?arks and Recreation Commission, Commissioners Dahlquist, Lawso? and Welshons, who reiterated the six Issues !is+& 'in the Agenda 9iI 1. Counci I accepted the Final Report of the Park Site and Facility Planning SubCommittee, reaffirming their polIcy to continue counting school gounds and leased lands as parks; and Council dTrected staff, working wlth the SubCommittee and the Parks and Recreatlon Commission, to devetop a Quadrant, taking into consideration the Information provided by the Northwest Quadrant Citizens GrouD. plan to enhance park fac!liSfes In +he Northwest 13. AB #10,372 - FUTTSU SISTER CITY REQUEST. This Item was continued for one week. 14. AB #10,373 - SPEED LIMIT UPON CALLE BARCELONP.. This item was continued for one week. 7 iew i s X iarson xx 'larnaux X Pett I ne X Kulchin X T r 1 m a MINUTES Novemrnber 14, 1989 Page 7 ~~ DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 15. AP #10,374 - PRESENTATION OF.! PART 150 NOISE STUDY - MCCLELLAN-PALOMAR AIRPORT. AI Newman, Assis+ant Deputy Director, Public Works, ongofng Noise Study. Mr. Uewman said there are many benefits to participating in this study, as the FAA prescribes this study, reviews the results, approves the procedures, and then implements the program. County of San Diego, presented an overview of the Mr. Newman stated that msximum input was needed from +he City of Carlsbad and a!! of the affected community. Mr. Newrnan concluded the report, stating that it will take nine months to complete the program. He requested the citizens file noise complaints in order to help get a handie on the problems caused by the airport. 16. AB P10,375 - REQUEST TO DISCUSS FINING PROCEDURES FOR VIOLATION OF NOISE STANDARDS AT MCCLELLAN- PALOMAR AIRPOST. This Iter was continued for one week. 17. AS 81 0,357 - APPO I NTM,EF.!T OF ONE MEUBEFI AND ONE ALTERNATE TO THE CL!LTti?AL FACILITIES COMMITTEE. This item was continued for one week. 18. AE #10,358 - APPOINTVENT TO CARLSBAD BUILDING AUTHORITY. This item was continued for one week. 19. AB ft10,352 - CONTINUED DISCUSSION REGARDING PROPOSED ACQUISITION OF YMCA PROPERTY. This item was continued for one week. COUNCIL REPORTS: This item was continued for one week. ADJOURNMENT: By proper motion, the Meeting of November 14, 1989, was adjourned at 10:23 p.m., to Wednesday, November 15, 1989, 2:30 p.m., the City Attorney's Library, in the event a quorum of Counci! Members is in attendance at a meeting wtth a represenTative of CatTrans. Respectfully submitted, w /g* ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk T f ClaOF CARLSBAD - AGEND@LL p,--( 0 7@ ,B# jct366 TITLEiiGREEMENI’S FOR THE PREPARATION OF DEPT. HD? ’ ITGm 11/14/89 ANENVIRONMEIW AL IMPACT’ REPORT CITY ATT FOR THE REVIEW OF THE CARLSBAD & IEPT. PLN PR~AIX ETR 89-3. CITY MGR=- 3ECOMMENDED ACTION: That the City Council ADOPT Resolution No. ‘5ci -‘I i,S , authorizing the Mayor to enter an agreement with the consulting firm RECON to prepare an Environmental Impact Report for the Carlsbad Promenade project, and Resolution No. Sii - ‘I G G authorizing CARLCANNON ASSOCIATES to provide funding for the environmental impact report. ITEM EXPLANATION As a part of the review of the proposed Carlsbad Promenade mini-mall, staff has determined that an environmental impact report should be prepared. Staff has expressed these concerns to the project proponents, Carlcannon Associates. Per City policy the Carlcannon Associates has agreed to pay the full cost for the preparation of this Environmental Impact Report. An. agreement to this effect is attached. Requests for proposals were sent to five consulting firms, two of which responded. The bids for the preparation of an EIR were $32,980 and $68,000. For each proposal submitted, the Planning Department conducted a thorough review of the scope of work, the subconsultants to be used, qualifications and costs. The difference in cost appears to be related to the fact that one of the consulting firms has done extensive work in the Carlsbad area. After reviewing all proposals, staff believed that RECON ($32,980) should be selected to prepare the Environmental Impact Report for the review of this project. Their proposal was comparable to the higher bid and had better detail. The report will be prepared by specialists familiar with the Carlsbad area. RECON has previously prepared numerous EIR’s for the City. Because of the above stated reasons, staff recommends RECON for the preparation of the Carlsbad Promenade Environmental Impact Report. The estimated cost of the proposed work is not to exceed $32,980.00. FISCAL IMPACI’ The developers Carlcannon Associates are responsible for the provision of the funding for the EIR. Funds will be deposited with the City in a trust account, upon approval and execution of this agreement. . EXHIBFTS 1. Location Map 2. City Council Resolution No.34 -qo 5 (Agreement w/RECON) 3. City Council Resolution No. %q -ho 6 (Agreement w/CARLCANNON) . I 4 II, LOCATION MAP@ P I I b I City of Car L 1 * Ii '1 2 3 4 5 0 0 RESOLUTION NO. 89 - 405 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND RECON FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE REVIEW OF THE CARLSBAD PROMENADE PROJECT, EIR 89-2. 6 /I The City Council of the City of Carlsbad, California, does hereby resolve as 7 follows: I! 8 1. That certain agreement between the City of Carlsbad and RECON for 9 10 11 12 13 to execute said agreement for and on behalf of the City of Carlsbad. 14 2. The Mayor of the City of Carlsbad is hereby authorized and directed consulting services relative to the preparation of an environmental impact report for the Carisbad Promenade project, a copy of which is attached hereto, marked Exhibit "l", and incorporated herein by reference, is hereby approved. 15 16 PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad held on the 14th day of November , 1989, by the following vote, to wit: 17 18 19 /I AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson 20 21 22 23 NOES: None ABSENT: None C &iiLLiL. UDE A. L WIS,' Mayor r 24 /l*lTEST: 25 26 ALETHA L RAUTENKRANZ, City berk 27 28 e 0 0 i AGREEMENT THIS AGREEMENT, made and entend into as of the /paday of w , 1989, by and between the ClTY OF CARLSBAD, a municipal corporation, hereinafter / referred to as "CITY," and Regional Environmental Consultants, hereinafter referred to as "CONSULTANT." RECITALS WHEREAS, the CITY has entered into an agreement with CARLCANNON ASSOCIATES, hereinafter called the applicant, wherein the CITY agrees to prepare an Environmental Impact Report for the proposed project identified as Carlsbad Promenade and more precisely shown on Exhibit "X", attached hereto and made a part thereof; and WHEREAS, the CONSULTANT has the qualifications to prepare the required Environmental Impact Report; and WHEREAS, it is understood that the CONSULTANT shall be an independent contractor of the CITY. NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: (1) DUTIES OF THE CONSULTANT CONSULTANT shall prepare an Environmental Impact Report for subject project. In carrying out this obligation the CONSULTANT'S duties shall include the following in accordance with Exhibit "Y": (a) The CONSULTANT shall prepare an Environmental Impact Report which will include a discussion of existing conditions, direct and indirect impacts, and mitigation measures as appropriate with particular focus given to sensitive species and habitats, detailing impacts to wetlands; (2) map the vegetative habitats and describe the wildlife resources of I e 0 e the site. The CONSULTANT shall also perform a Biological and Archaeological reconnaissance on the property. Before preparing the frnal report, the CONSULTANT shall submit five copies of a. draft report to the Planning Director for staff review. The CONSULTANT shall revise the draft report as requested by staff. (b) CONSULTANT shall prepare a draft report in compliance with the Word Program contained in Exhibit "Y" on file at the Planning Department (unless otherwise stated in this apment), attached hereto and made a part thereof and with applicable CITY ordinances. The CONSULTANT shall submit to CITY fifty (50) copies plus a reproducible master of the final Environmental Impact Report. (2) - (a) The CITY will make payment to the CONSULTANT as provided for this agreement. (b) The CITY will make available to the CONSULTANT any documents, studies, or other infomtion in its possession related to the proposed project, (c) The CITY will review the Draft Report presented by the CONSULTANT within fourteen working days of their receipt and make wximn comments to the CONSULTANT within that time period. (3) TER"TI0N OF AGREEMENT The CITY may texminatc this agreement at any time by giving written notice to the CONSULTANT of such termination and specifying the effective date thereof, at least fifteen day prior to the effective date of the termination. In event of termination all finished or dished documents and other materials prepared pursuant to this agreement shall become its property. Upon termination for reasons other than breach of this agreement CITY shall pay CONSULTANT the reasonable value of the seMces completed to e W the date of notice of termination. . (4) RELEASE OF INFORMATION BY CONSULTANT Any =parts, 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. (5) Dw-NmsW. PUBJXA~ON- =FwmU~mJ AND USE OF LAND USE AND PUBLIC FACILJTY ECONOMIC IMPACT WPORTS AND OTHER MATERIALS All documents and materials prepared pursuant to this agreement are the property of the CITY. The CITY shd have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this agreement. (6) PAYMENT The CONSULTANT will be paid a maximum of $32,980.00 dollars for all work necessary to carry out the requirements of this agreement. Actual payment shall be based on the cost of the report based on the costs as set forth in Exhibit "Y on file at the Planning Department. The CONSULTANT shall be paid sixty-five (65%) percent of the compensable seMces completed, within 15 days after receipt of this invoice for the completion of the draft Environmental Impact Report in accordance with Paragraph 1 above. The CONSULTANT shall be paid 20% of the compensable services completed within 15 days after &pt of this invoice for the completion of the response to comments pursuant to page 2 of Exhibit "Y". The final fifteen (15%) percent will be paid not to exceed the maximum amount provided in this agreement, within fifteen (15) days after receipt of invoice, to be submitted after the completion of the final Environmental Impact Report and certification of said EIR by the City Council. In the event the project is placed on hold by , e e the CITY or the applicant for 45 days or longer, the CONSULTANT will be compensated for services ren&red in accordance with Exhibit "Y", Such compensation shall not exceed the maximum amount of this agreement plus any authorized supplemental agreements. (7) - Time is of the essence in carrying out the term of this agreement. The CONSULTANT shall submit to the CITY five copies of the screencheck Environmental Impact Report within sir weeks of the signing of this agreement by all concerned parties. Tiie CONSULTANT shall submit to the CITY f~ty-one (51) copies of the Draft Environmental Impact Report within ten working days of the completed staff review of the screencheck Environmental Impact Report. (8) 0 The limits of the obligation of the CllY under this agreement is in the sum of $32,980.00 which amount is estimated to be sufficient to compensate the consultant for all services performed hereunder during the terms of this agreement. In the event at any time it appears to the CONSULTANT that said sum may not be sufficient, he shall immediately so nonfy the Planning Director. He will not perform any work or incur any obligation beyond said sum of $32,980.00 without appropriate amendment to this agreement. (9) cHANGES IN WORK If, in the course of this contract, changes seem merited by the CONSULTANT or the ClTY and infarmal consultations indicate that a change in the conditions of the contract is warranted, the CONSULTANT or the C"' may request a change in the contract. Such changes shall be processed by the CITY in the following her. A letter outlining the required changes shall be fwarded to the CITY or CONSULTANT to inform them of the proposed , 0 W changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the CITY and approved by the City Manager. Such supplemental agreement shall not render ineffective or invalid unaffected portions of the agreement. Changes requiring immediate action by the CONSULTANT or the CITY shall be ordered by the Planning Director, who will inform a principal of the CONSULTANTS fm of the necessity of such action and follow up with a supplemental agreement covering such work. The lump sum amounts detailed in this agreement shall be adjusted for changes, either additive or deductive, in the scope of work. (10) HOLD HARMLESS The CONSULTANT will idemnify the CITY against and hold it harmless from all and any cost, expense, or liability for damages on account of injury or death to persons or damage to property resulting from or arising out of or in any way co~e~ted with the performance by consultant of this agreement, including the defense of any action arising therefrom. CONSULTANT will reimburse the CITY for all costs, expenses and losses incurred by it in consequence of any claims, demands and causes of action which may be brought against it by a person arising out of the performance by CONSULTANT of this agreemem (11) - CONSULTANT shall, at all times that this agreement is in effect ' or the premises are occupied by CONSULTANT, cause to be maintained in force and effect an insutana policy or policies which will insun? and idee both CITY and CONSULTANT against liability or financial loss resulting from injuries occurring to persons or property in or about the premises or occurring as a result of any acts or activity of CONSULTANT. The liability e 0 under such insurance policy shall be not less than $loO,OOO.OO for any one person injured or $300,000.00 for any one accident and $50,000 for property damage. The policy shall be written by a responsible company or companies to be approved by ClTY, and shall be noncancelable except on ten days' written notice to CITY. Such policy shall name CITY as co-insd and a copy of such policy shall be filed with the CITY. (12) STATUS OF THE CONSuJ*Tm CONSULTANT in accordance with his status as an independent contractor, covenants and agrees that he will conduct himself consistent with such status, that he will neither hold himself out as nor claim to be an officer or employee of the CITY by reason hereof, and that he will not by Gason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the City including, but not limited to, workmen's compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership credit. (13) ASSIGNMENT OF CONTRACT CONSULTANT shall not assign this contract or any part thereof or any monies due thenunder without the prior written consent of the CITY. (14) - If the CONSULTANT shall subcontract any of the work to be performed under this contract by CONSULTANT, CONSULTANT shall be fully responsible to the CITY for the acts and omissions of CONSULTANT'S subcontractor and of the persons either directly or indirectly employed by the subcontractor, as CONSULTANT is for the acts and omissions of persons directly employed by CONSULTANT. Nothing contained in this contract shall create any contractual relationship between any subcontractor of CONSULTANT and the ClTY. The CONSULTANT shall bind every subcontractor and every subcontractor of a I e m c 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. (15) PROHIBITED Nl'EREiST No official of the CITY who is authorized in such capacity on behalf on 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 subcontract in connection with the construction of the project, shall become duectly 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 inhctly interested personally in this contract or any part theEof. (16) YERBAL AG- OR ~~RSA~ON No verbal agreement or conversation with any officer, agent, or employee of the CITY, either befa, 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 0 m IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year fxst above written. CITY OF CARLSBAD, a Municipal Corporation of the State of California BY Regional Environmental Consultants, a California Corporation ".. /) . . .,,q /-"- By y~r.~~<~,~,& c . /-~e? Diane Pearson, Vice President / ARESTED: APPROVED AS TO FORM: I @ LOCATION MA- p EXHIBIT Y~ d, City of Car e e PROPOSAL FOR PREPARATION OF ANENVIRONMENTALIMPA~REpoRT ANDLOCALCOASTALPLANAMENDMENT FORTHECARLTASGENERALPLANAMENDMENT Submitted to ClTY OF CARLSBAD PLANNINGDEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CA92009 Submitted by EC0N Regional Environmental Consultants 1278 *(aru Barbmud. su, Dirge, CA s2110-3(115 nc3R2 RECON NUMBER 89-290 SEPTEMBER 28,1989 I b I e e TABLE OF CONTENTS I. EXECUTIVE SUMMARY rr. SCOPE OF WORK AND ISSUE ANALYSIS A. ARCHAEOLOGY B. BIOLOGY C. CIRCULATION D. LAND USE COMPATIBILITY E. VISUAL AESTHETICS F. AGRICULTURE. G. ALTERNATIVES Iu[. PERSONNEL AND EXPERIENCE IV. PERFORMANCE SCHEDULE V. COST VI. PROPOSAL OFFER VII. RESUMES t t t bs 1 2 3 5 6 7 8 9 9 12 16 17 18 19 0 0 L- The following proposal. is submitted in response to the City of Carlsbad's request for proposal (RFP) for the carltas General Plan and Local Coastal Plan Amendment Environmental Impact Report (EIR). The proposal presents the scope of individuals who will work on the project arc located in the last section of the proposal. RECON. has completed over 1,750 environmental documents, including EIRs for general plan amendments (GPA) in the city of Carlsbad, such as the Woolley Annexation, and other GPA Em, including the 5,000-acre La Jolla Valley EIR in the city of San Diego and the 12,OOO-acre Otay Subregional GPA EIR in San Diego County. Other projects which RECON has addressed adjacent to lagoons include Cannon Road Reach 1, Bayfront in Chula Vista next to the Sweetwater Marsh, Lux Master Plan EIR and Zocalo Specific Ph adjacent to Buena Vista Lagoon on the south and north, respectively. work and issue analysis, penomel, experience, schedule, and cost. 'Resumes of Cayon Wastewater Reclamation Plant next fo San Elijo Lagoon, and Hosp Grove RECON will be responsible for the incorporation of all analysis into the EIR text and management of the project. Willdan Associates will provide the independent review of the existing traffic analysis. The proposed project cost is $32,980 and the process will take 20 weeks to complete. A draft document will be provided within six weeks from entering into an agnement. The project manager will be Lee Shewood. He has more than six years of experience writing EIRs in San Diego County, including. the Hosp Grove Master Plan Parcels D, E, and F EIR, the 1,400" Bear Valley Parkway GPA and annex- ation EIR, and the 950" Miramar Ranch North Community Plan Amendment EIR. The following proposal is organized by issue, with a general discussion of RECON'S experience, personnel, schedule, and cost. Each issue presents the methods and approach that will be used to conduct the analysis and personnel and quaW1cations. f > 1 e W IL SCOPE OF WORK AND XSSUE ANALYSIS The scop of work will consist of a number of tasks, in~luding Qe following: 1. hPa a Notice of Preparation and hold a scoping meeting (does not include meeting hall rental or notice.of scoping meeting). 2. PreparC the pI'elirmnary draft EIR and submit to the City within six weeks from entering into an agreement with the City. 3. Prepare one set of revisions to the preliminary draft EIR. 4. Provide 5 1 copies of the draft EIR to the city (1 reproducible copy, 25 copies in W-ring loose-leaf binders, and 25 copies in comb binding). 5. Prepare responses to comments received during the draft EIR review period. 6. Attend up to four meetings and make presentations as requested by City The EIR will be prepared in conformance with the City of Carlsbad Environ- mental Protection Ordinance and California Environmental Quality Act (CEQA) of 1970, as amended. The EIR will address the issues of: staff. Archaeology Biology . Circulation Land Use Compatibility Visual Aesthetics Agriculture The EIR will assemble available data, evaluate that information for adequacy, conduct new studies, and provide an assessment of the cumulative impacts of the project. The draft and final EIR will identify and discuss impacts, and suggest feasible mitigation associated with the long-term develop- ment of the site. Addressment of each issue will be organized into three sections: existing conditions, impact, and mitigation. In addition to the issues identified in the RFP, the report will provide a summary of environmental analysis and a discus- sion of aBmadves, siccant irreversible environmental changes, the rela- inducement. It is RECON'S policy to prepare EIRs in a concise manner. Technical support information necessary for conclusions drawn in the document is usually included as technical appendixes, with clear summary statements presented in the body of the EIR. Since the purpose of an EIR is a public disclosure document which will assist decision makers, it is imperative that the, EIR be easily understood and s~ccinct. Of particular importance is a simple + statement of potential impacts and a clear identification of mitigation. tionship bctwccn short-term uses and long-term productivity, and growth 2 e 0 The following section addresses each issue in the EIR as well as he discussion sections. Within each issue analysis, a review is provided of the available environmental data, an outline of the scope of work, and the person(s) responsible and their experience. The references cited in the following issues are listed at the end of this section. AARc'HGEollxXiy Previous archaeological investigations in the project area include a survey conducted for the Comprehensive Planning Organization (CPO) (WESTEC 1980). monitoring of the Encina Gas Pipeline in 1986 (Wade 1986), a summary description of the archaeological resources located within a 260-acre study area (Wade 1987), and archaeological signrficance testing of five sites within the PTOPOS~~ Cannon Road and associated sewer line ahgnment (Wade 1988). In 1986, RECON conducted archaeological monitoring of San Diego Gas & Elecmc (SDG&E) trenching activities associated with the installation of the Encina gas pipeline. At that time, information was updated on four recorded sites. The 1987 RECON study consisted of a records search of a 260-acre study area, which included the project site, and identifled eight recorded sites. In 1988, RECON conducted significance testing for six of these sites in association with the one-mile segment. of Cannon Road, Reach 1 and sewer line alignment project. Three of the eight sites, SDi-6831, SDM-W-127, and SDi-6134, are located on the project site. The status of these sites is as follows: SDi-6831: This site was discovered during the 1980 CPO survey. No further investigation has occurred. SDM-W-127: This site was discovered by Rogers. No further investigation has occuned SDi-6134 Th~s site was first described by Rogers as a large midden site containing some hearths, shell and charcoal, milling artifacts, evidence of human burials, and pottery. At the time of the WESTEC survey, the site was highly disturbed by cultivation. In 1986, RECON monitored gas line excavations across the high point of the site. SDi-6134 was determined to be a unique cultural resource. Subsequently, a mitigation program for the portion of the site to be impacted by expanded development of Car Country Carlsbad was implemented. The data recovery excavations we= conducted on the central and southern portions of the site. The potential for sigmficant impacts to the remainder of the site exists. As a result of the RECON monitoring work for the SDG&E gas line, a report was pnpared which included an overview of culd resources in the Agua Hedionda Lagoon drainage area. Two site types wen identified, semipermanent base camps and temporary special-resource camps. A large base camp site, the Kelly Springs site, is located in the drainage to the east of the lagoon. The three recorded sites in the ..project area remaining to be tested for uniqueness (assuming implemenration of mitigation measures for Cannon Road and the Sewer tion which they can provide regarding prehistoric habitation patterns in the alignment) contain potentidy unique cultural te$ources based on the informa- 3 e W Agua Hedionda Lagoon drainage area. If any sites are tested and determined :o be unique, then further mitigation measures would be‘required. sm=mMs 1. Review and expand existing archaeological information for the eight recorded sites. Document past work on the property, including any testing of archaeological sites. Documents to be reviewed include: WESTEC Services, Inc. 1980 Regional Historic Preservation Study. Prepared for Comprehensive Planning Organization of the San Diego Region. Wade, Sue A. 1986 Archaeological Monitoring of the Encina Pipehe Project: Profires of Subsidence Patterns Along the South Shore of Agua Hedionda Lagoon. RECON. 1987 Archaeological Study for 260 Acres South of Agua Hedionda Lagoon. RECON. 1988 An Archaeological Test of Five Sites within the Proposed Cannon Road and Sewer Line Alignment. RECON. 2, Obtain record searches from the San Diego Museum of Man and San Diego State University for the properly and surrounding area. This will identify recently recorded sites, not detailed above. 3. Conduct an archaeological field survey of the approximate 80-acre project site to identify historic and prehistoric resources within the project area. 4. Record any archaeological resources located during the survey. 5. Prepare a technical report with an analysis of impacts resulting from the preliminary site plan, and pmvide mitigation recommenda- tions. Recommended mitigation measures .will include significance testing. No testing is included in this scope of work. 6. Prepare an EIR &tion based on the above technical report. Dr. Susan Hector will address this issue and be assisted by Sue Wade. Dr. Hector received her PhJ). in anthropology from the University of California at Los Angela (UCLA) and has supervised over 100 projects in California and Nevada. Her experience in Southern California has involved historic and prehistoric studies over the past 11 years. She was the archaeology curator for the UCLA Museum of Cultural Resources for three and one-half years, has directed the university’s palynological laboratory, and has worked extensively on the ethnography and archaeology of the Cahuilla (her master’s thesis topic). she is the pat president of the Society for California Archaeology. She is also a member of the City of San Diego Historic Site Board. She is Society Of Profes- sional A&eologists (SOPA)-certified in field research, historical ~ChaeoloI3Y, 4 0 W collections research, theoreticaUarchival research, archaeological administra- tion, and museology. Sue Wade has a bachelor’s degree in anthropology from the University of California at San Diego and has nine years field and laboratory experience for . projects throughout southern California. She is especially experienced in the Agua Hdonda Lagoon ma. B. BIOLOGY RECON completed a biological survey of the 260-acre SDG&E property in 1987, which includes the . project site. The study indicates that the majority of the project site and all of the area above the lagoon bluffs, has been used for agriculture in the recent past (Fromer 1987). A small smp of mixed chaparral is shown along the norehern border of the project site. stop of worhi 1. Review the existing biological information for the project site. Conduct an on-site survey of the approximate 80-acre site to iden- tify changes and confvm information provided in the previous .docu- ments regarding the existing biological conditions of the property. The field survey will focus on the slopes on the property. Prepare a vegetation map showing natural plant communities and locations of tan and endangered plant and animal species. 2. Prepare a technical report which updates the previous studies and describes the results of the field check. Rovide an analysis of impacts resulting from the proposed project, with sufficient detail to allow realistic assessment of the project-related long-term effects. This will be performed based on the location of the proposed project; plant or animal species status (state or federal listing, Category 2, or California Native Plant Society Rarity and Scarcity Code); status of habitat types (e.g., riparian or coastal sage scrub); and approximate acreage of potential impact to sensi- tive habitats. Potential water quality and biology impacts to Aqua Hedionda Lagoon will also be evaluated including the affects of runoff. 3. Inciude a discussion of mitigation measures that would mitigate potentially sigmficant impacts. 4. Repm an EIR section based on the abovedescribed technical The biological resource assessments for this project will be performed by two members of RECON’S staff, Paul Fromer, an animal ecologist, and Cameron Patterson, a plant ecologist. Mr. Fromer will be responsible for the zoological portions of the biological work, for general habitat evaluation, and for fornu- lating biological mitigation measures. Mr. Fromer has a B.A. in ~OOlogy from the University of California, Los Angeles, has an M.S. in biology from San Diego State University, and has advanced to candidacy for a Ph.D. in z~logy. He is a certified ecologist by the Ecological Society of ’America. He is experienced in =port. I 5 e w behavioral ecology and has management experience on wildlife surveys and sensi- tive species surveys throughout San Diego County and southern California He has been the project manager on many of RECON'S biology projects. He recently completed the Comprehensive Species Management Plan (CSMP) for the least Bell's vireo, a federally listed endangered species. He also prepared the San Luis Rey River Least Bell's Vireo Habitat Conservation Plan. In preparing the EIR for the Levi-Cushman property (Stardust Country Club), Mr. Fromer developed the mitigation strategies for the replacement of riparian habitat along 1.5 miles of .the San Diego River. This was closely coordinated with the U.S. Army Corps of Engineers. Mr. Patterson is identified as the botanist for this study. He has over 11 years of experience in botanical studies in southern California. He has a B.A. in biology and has pursued graduate study in botany and ecology at San Diego State University. He is a certified ecologist by the Ecological Society of America and has extensive experience in plant identification and rare and sensitive plant species according to the California Native Plant Society and the Federal Register. Since 1976, he has been responsible for numerous botanical studies in California. These studies have included field surveys, vegetation mapping, botanical resource assessments, taxonomic investigations, and rare plant inventories. Because of his extensive experience in California, Mr. Patterson is very familiar with the status of listed plants as identified by the California Native Plant Society and in the Federal Register. He was responsible for developkg and lmplementing the habitat analysis for the Least Bell's Vireo CSh4P and two Habitat Conservation Plans. Additionally, he is an expert in wetlands determination and delineation. He has prepared numerous studies concerning wetland ecology since coming to RECON nine years ago. Mr. Patterson is one of a very few private consultants who has been trained in the U.S. Army Corps of Engineers and U.S. Fish and Wildlife Service procedures in wetlands detesminations. CCIRCULATION An existing aaffic study, prepared by Urban Systems Associates (USA), exists for the project site. Willdan Associates is proposed to provide an independent review of this report. One of the major concerns with regard to traffic is the potential affect to the on- and off-ramps of Cannon Road and 1-5. In addition to. the City engineer, Calms will be very interested in these impacts. - 1. Review the USA traffic report for this project and information contained in recent EIRs, zone plans in the vicinity, as well as existing traffic conditions. Based on this infomation and a select zone assignment from the Carlsbad subarea travel forecast model, generate and distribute traffic from the site. Develop traffic projections based on mp generation rates accepted by the City of Carisbad for the type of development proposed. This traffic will be distributed onto' the street system in accordance with anticipated travel patterns. The specific trip distribution and assignment will be clearly documented within the analysis.', i 6 0 e 2. Evaluate critical street and intersection capacities in the vicinity of the project. Willdan will pafticuiarly address the capacity of Cannon Road and its primary intersections between Carisbad Boulevard and the Oceanside City limits. Evaluate potential impacts to the ramp capacities for the Cannon Road/Interstate 5 interchange. The ramp capacity analysis is considered very important given the level of traffic generated by a regional retail facility and cdtrans concerns of its affect on the 1-5 ramps. This capacity analysis will be conducted for existing conditions, existing plus project conditions, and the interim phases of development as identified in the zone plan and at buildout. 3. Evaluate the need for any. modifications to existing traffic control devices or the need for additional traffic controls in the project vicinity as a result of the development of the site. 4. As the RFP indicates, there is no formal site development plan with this application. However, a review of the preliminary site plan for internal circulation and parking concerns will be conducted. Willdan’s evaluation will be on a general basis and will include specific recommendations for review of the formal site development plan submittal. 5. Based on the above ’analysis, identify any potentidy sigmfkant adverse traffic-related impacts and propose, where feasible, measures to mitigate those impacts. Willdan will carefully evaluate the feasibility of the improvements proposed in the zone plan to determine their compatibility with City standards. If the proposed mitigation measures are not feasible, alternative courses of action will be proposed. This will be included in a report suitable for submission to the City which summarizes the methodology used and the conclusions reached in our analysis. 6. Prepare an EIR section based on the technical reports. The traffic review will be performed by Robert Sergeant of Willdan Associates. Mr. Sergeant is both a registered civil and traffic engineer. He has a master’s degree in transportation engineering and has served for eight years as a project manager for Willdan Associates on a variety of projects, including transportation studies and stfeet and traffic signal design, such as a city-wide transportation study for the City of Carlsbad. Willdan Associates served as the City of Santee’s aaffic engineer for the first three years after its incorporation. During that time, Mr. Sergeant prepared the city’s Chula- tion Element of the General Plan. Prior to his association with Willdan Associates, Mr. Sergeant semed as City traffic enaeer for the CitY Of Oceanside. D. h The Agua Hedionda Lagoon Land Use Plan was adopted by the city Council in May of 1982 and includes land uses and environmental COnUOl n~aSureS for an 1,100-~~ segment of the ~alifarnia coastal Zone. It is a part of the Carlsbad l~~d coastal pr~gram and includes the project ’.and its SwOUnmg area. The land use categories and residential density ranges specified in the hd use 7 0 m plan are consistent with the Carlsbad General Plan, The land use plan is 3 refinement of the General Plan and is more specific in its treatment of poten- tial development. The project site is currently designated as Travel Services (TS) land use in both the City of Carlsbad General Plan and the Agua Hedionda Lagoon Land Use Plan. The land use plan specifically states that conversion of the project site to commercial development shall be subject to a future specific plan. It is also zoned Public Utility (P-U). Surrounding land uses and designations are open space to the east, 1-5 to the west, Agua Hedionda Lagoon to the north, and Cannon Road to the south. Land use compatibility of the proposed project with respect to the adjacent open space and lagoon will be of special concern. De of work 1. Within the Existing Conditions section of this issue, provide an inventory and map of the land use designations and zoning, including coastal policies. 2. Identify potentially significant impacts to adjacent land uses based on an analysis of the characteristics of the proposed project as shown in the proposed site plan provided by the City. This will include an analysis of the internal characteristics of the plan (e.g., visual features, landscape ply, circulation system) and other aspects of the proposed mixed commercral development. 3. Address mitigation strategies which will potentially reduce impacts Lee Shewood, the project manager, will prepare this section of the EIR. His experience is provided in the Personnel and Experience section of this proposal. identified. E. VISUAL AEsma The project site consists of relatively flat terrain, with a knoll approximately in the middle of the site and steeper topography to the north adjacent to Agua Hedionda lagoon. The site is a primt viewshed fnnn both north- and southbound 1-5 and Cannon Road. The Scenic Highways Element of the Carlsbad General Plan designates the segment of Cannon Road south of the project site as a potential eligible scenic highway and specifies that the "city consider potential scenic and historic amenities along these routes." The Agua Hedionda Lagoon Land Use Plan shows a "vista point'' on the property. "Special vista points and viewing areas shall be preserved, and made available to the public (City of Carlsbad 1982). A generally residential neighborhood is located on the slopes to the north of the lagoon. Power lines and associated towers from the Encina Power Plant run along the margin of the higher ground above the south shore of the lagoon. 8 0 W m of work 1. Provide a detailed description of the topographic and visual features of the project site, as well as an inventory of designated scenic resources. This will entail fieldwork and photographs of the property from 1-5 and Cannon Road. Viewsheds of major thoroughfares will be determined and mapped.. 2. Describe the anticipated visual impacts of the project on the sunounding area. Recommend mitigation measures for implementation impacts. Landscaping and general architectural guidelines are examples of ' potential mitigation measure mechanisms. Include reference to City of Carlsbad design guidelines. in conjunction with the project for potential visual aesthetics he Sherwood, the project manager, will prepare this section of the EIR. & experience is provided in the Personnel and Experience section of this proposal. F. AGEUCULlVElE Both the Agua Hedionda Lagoon Land Use Plan and the City of Carlsbad General Plan address agricultural resources. Since the majority of the project site has been subject to agricultural . uses, the policies of these documents will apply. The land use plan states that conversion of agricultural property shall be consistent with Coastal Act policies and the General Plan states an objective to prevent the elimination of prime agricultural land and preserve said lands wherever feasible. - 1. Within the existing conditions section of this issue, identify those soils within the project area designated as prime agricultural land. These are soils with a Class I or 11 soil capability or Stone Index of 80 to 100. Provide a map of soils on the property along with their capability and Stone Index. 2. Identify potentially signrficant impacts to agricultural lands based on whether prim agriculd soils exist on the property and or the extent to which the local climate conmbutes to the agricultural crops grown on the property. In addition, consider the type of crops grown, i.e., flowers versus food. 3. Recommend mitigation measures, if necessary, to reduce potentially identified impacts. Lee Sherwood, the project manager, will prepare this section of the Em. His experience is provided in the Personnel and Experience section of this proposal. G. ALTERNATIVES In addition to the No Project alternative, CEQA requires that other project alternatives which could reduce environmental impacts be addressed. 9 . RECON anticipates the following alternative at this time. RECON will address four alternatives that would reduce significant environmental impacts 3s appropriate, based on the results of the issue analysis. SCODC of work 1. Address the no project alternative describing the impacts which would be avoided should the project not be implemeted (no development). 2. Address two alternative land uses for the property: one that reflects development in conformance with the existing general plan designation and another land use designation that would substantially lessen potentially significant effects. 3. Reduced project/Alternative design. Coordinate with City staff to identify an alternative to -. address si@cant environmental impacts idenafied as part of the proposed project. This may entail a smaller sized mall and/or hotel. 4. Address alternate locations for the proposed project within the City of Carlsbad. This will entail a review of other potential' sites within the city having ' the same general characteristics, (i.e., nearby freeway access and similar size) to achieve the basic objec- tives of the project. The analysis will be based on a review of current aerial photography to identify potential sites. Each of the potential sites, not more than three, will be evaluated based on secondary information sources for those topics iden~led as having significant effects. The evaluation will also include a general level field =view. be Sherwood, the project manager, will prepare this section of the EIR. His experience is provided in the Personnel and Experience section of this proposal. - Carlsbad, City of 1982 Agua Hedionda Lagoon Land Use Plan. Fromer, Paul 1987 Biological Survey Report for 260 acres south of Agua Hedionda Lagoon Wade, Sue A. 1986 Archaeological Monitoring of the Encina Pipeline Project: Profiles of Subsidence Patterns Along the South Shore of Agua Hedionda Lagoon. RECON. 1987 Archaeological Study for 260-acres South of Agua Hedionda Lagoon. 1988 An Archaeological Test of Five Sites wi@n the Proposed Cannon Road and RECON. Sewer Line Alignment. RECON. 10 L e WESTEC Services, Inc. 1980 Regional Historic Preservation Study. Prepared for Comprehensive Planning Organization of the San Diego Region. t * t 11 e m IIL PERSONNEL AND EXPERIENCE A. PERSO- a Lee Shemvd Lee Shewood has over six years' experience in writing EIRs in San Diego County. Mr. Shewood has a master's degree in geography and has prepared several EIRs for large-scale GPAs, Specifk Plans, and rezone and tentative subdivision map projects. He served as project manager for three parcels of the Hosp Grove Master Plan EIR, located in the city of Carlsbad. This conmversial project addressed 334 housing units and a retail commercial alternative. He has He prepared the EIR for the 1,950-acre hGramar Ranch North Community Plan Amendment, which addressed the impacts of a 42 percent increase in residential density. He prepared the 959-acre Rancho Coronado Specific Plan EIR, which includes 3,445 housing units and was responsible for the 1,440-acre Bear Valley Annexation EIR located in the city of Escondido. He also prepared the EIRs for the 3O-acre 599-unit North. Creek Apartments and the 100-acre 448-unit Mission Trails projects. prepared several EIRs for large specific plans as well as annexation projects. Direct professional involvement will include individuals from RECON, who were identifed under each issue section of the proposal. A resume for these individuals is provided in Section VII of this proposal. The level of respon- sibility for the preparation of this EIR is allocated by the percentages indicated below: Lee Shewood, Project Manager Dr. Susan Hector, Archaeology Sue A. Wade, Archaeology Paul Framer, Zoologist Cameron Patterson, Botanist 55 percent 6 percent 8 percent 7 percent 7 percent B. PROJECI' EXPFWENCE Woollev Annexation GPA = Client: City of Carlsbad Jurisdiction: City of Carlsbad and County of San Diego This EIR covered several different properties and addressed the discretionary actions of a GPA, prezone, and annexation. Consisting of 475 acres in two parcels which an contiguous to the southeast boundary of the city of Carlsbad, the project is within the county's San Dieguito Community Plan and straddles Rancho Smta Fe Road. Ultimate development of the property would contain 1,240 low to medium density residential units, open space, and commercial units. The significant environmental issues identified in the EIR concerned traffic circu- lation, sensitive biological resources, incremental increases in the basinwide accumulation of air pollutants, and the significant change in the character of the area from rurai to urban due to the extensive landform modification. 9 * 12 0 m Draft Environmental hpwt Report for Cannon Road Reach 1 Client: City of Carisbad Jurisdcthnr City of Carkbad RECON recently completed the preparation of a Draft EIR for about a one-mile segment of Cannon Road in the city of Carlsbad. This facility is located between 1-5, south of Agua Hedionda Lagoon, and proposed Faraday Road. The project also included a major sewer line and pump station located both within and outside of the road alignment. Also, the project is within the Coastal Zone. The major issues concern biological resources, since the road would cross a wetland area at the east end of the lagoon. A bridge crossing of this area has been included to mitigate potential biological impacts. Cultural resources, land use/coastal policies, hydrology, visud aesthetics, and traffic were also addressed in the EIR. The visual aesthetics section included a photosimulation of the bridge crossing to assess those impacts. RECON will also prepare responses to comments and attend hearings on the project. & Hedionda S-oecific Pb Client: City of Carlsbad Jurisdiction: City of Carlsbad RECON prepared this specific plan which addressed the archaeological and biological resources and planning issues associated with the Agua Hedionda Lagoon. This specific plan was the fmt local coastal plan done in response to the California Coastal Commission requirements. The effects of development on the lagoon and adjacent area were discussed, and the plan was approved through cooperation with the City of Carlsbad, local property owners, and regional and state personnel. HosD Grove Master Plan Parcels D. E. and F EIR Client: City of Carlsbad Jurisdiction: City of Carlsbad Located in the northern part of the City of Carlsbad, the 163-acre Hosp Grove Master Plan was approved in 1970. This EIR addressed the impacts of development condominium units and worst case development for parcel F of 180 multi-family units. The uaffic study for this highly controversial project addressed a number of different alternative master plan land uses. Based on the various input parameters developed for the City of Carlsbad computer aaffic model, the analysis determined that only one intersection (Jefferson Street and Marron Road) would exceed capacities at some time in the future. The extensive report provided the analysis and conclusions to assist the City Council in determining the most appropriate land use for the Hosp Grove area. The EIR addressed a full range of environmental issues, including &tailed analysis of biological impacts to roosting habitat for the red-shouldered hawk and loss of eucalyptus woodland habitat and water quality impacts to Buena Vista Lagoon. of the three .remaining undeveloped parcels consisting of 47 acres and 344 13 ' e 0 Draft Enviranmental Information for the Huntinmon Palomar GPA Rpia Client: Huntington Beach Company ' Jurisdiction: City of CarIsbad This document addressed the potential impacts from an industrial GPA for a 110- acre parcel located on Palomar Airport Road about one mile east of 1-5. Many issues were investigated, hduding traffic circulation, noise, land use, a@- cultural resources, and topography and visual aesthetics. Given the anticipated traffic problems in the ma, traffic was a major issue along with noise and crash hazard potential from nearby Palomar Airport. The topographic and visual aesthetic impacts from a future industrial project were addressed as well as potential land use incompatibilities with neighboring planned land uses, the Cg]sbad Local Coastal Program, and existing Iand uses. Since there were no specific project plans, the EIR addressed the project as maximum development of the property. Draft Environmental Information for Carlsbad Oaks GPA Client: Santa Fe Company Jurisdiction: City of Carisbad The subject of this EIR was an indusmal GPA for a 417-acre parcel of land east of Palomar Airport. Several sigdicant issues were associated with this proj- ect, including the highquality riparian biological habitat coincident with the southern tributary to Agua Hedionda Creek; potential conflicts with the adjacent Dawson-Los Monos Canyon Reserve and the UCSD radio telescope; traffic circula- EIR discussed measures to. lessen or mitigate impacts; however, some potentid impacts were still considered significant. La Costa Master Plan and GPA Draft EIR Client: La Costa Land Company Jurisdiction: City of Carlsbad This EIR was prepared to accompany the master plan and GPA on an approximately 5,oO()-acre site within the city of Carlsbad. Although the project was of a general nature,. the EIR addressed topography, hyblogy, vegetation, wildlife, air quality, land use, noise, public utilities, community services, traffic and transportation, socioeconomics, archaeology, as well as the required discussion sections, including dtematives. The mitigation measures in the EIR indicate that when specific project plans are submitted to the city, detailed information on geology and soils, archaeology, biology, and other @acts, which were not adequaely addressed in the master plan EIR, should be discussed. Subsequent projects have provided this information a~ part Of the initial Study application or supplemental Ems. tion: and topography modification and resultant visual aesthetic impactse ne 14 0 Del Mar Financial E% e CIient: City of Carlsbad Jurisdiction: City of Carlsbad and County of San Diego The Del Mar Financial development is proposed for a 111-acre parcel in the unincorporated area of San Diego County adjacent to the city of Carlsbad. The ER is intended to serve as a master environmental assessment and presents a worst-case analysis of impacts based on a conceptual land use plan which proposes 36 acres for residential development, 62 acres for various commercial purposes, and 13 acres of open space. RECON provided the environmental docu- mentation for the applicant, who also sought the discretionary approval of a preannexational zone change, a specific plan, and annexation of the property from the County of San Diego to the City of Carlsbad The major environmental impacts addressed by RECON included biology (riparian woodland area), land use (proximity to Palomar Au-port), and visual quality (landform alteration to the steep oak woodland covered slopes). qe final project design preserved the oak riparian woodland on the property in open space. 15 0 a IV. PERFOWCESSIEDU RECON and its subcontractor will accomplish the preparation of the draft Em, final EIR, and other requirements of the RFP. The schedule is defined by a beginning date based on receiving a fully executed contract ffom the City. The major milestones and time allotted to general task categories are identified below: Time Total Time Tasks (weeks) (weeks) Contract award Scoping meeting Prepare Notice of Prepantion Prepare draft EIR City staff review of dtaft EIR 0 0 0.5 0.5 0.5 1 .o 6.0 7.0 2,o 9,O Revise and finalize draft EIR ' 2.0 11.0 Public review 7.0 18.0 Prepare responses to comments 2.0 20.0 t t t 16 l a v. COST Tasks Scoping meetingPrepare Notice of Reparation Prepare EIR Archaeology Biology Circulation Land Use Compatibility Visual Aesthetics Agriculture Alternatives Prepare Responses to Comments Public hearings Graphics preparation Report production Total Labor Expenses Traffic Study (Wddan Associates) Printing Record Searches Binders Graphics, Mix. TOTAL 17 e !a3 $75 1 3,216 1,418 2,394 846 1,026 1,134 486 2,520 1,260 882 1,330 1.785 $19,048 $12200 1,320 130 182 1oQ $32.980 # b 4 I e 0 VL PROPOSAL OFFEB This proposal is offered to the City of Carlsbad for a period of 60 days. ll work will be performed at the not-to-exceed price of $32,980. Any of the three following individuals has the authority to negotiate and contractually bind RECON: Charles S. Bull, President John P. Larson, Vice President Diane Pearson, Vice President 1276 Morena Boulevard San Diego, California 921 10 (619) 275-3732 If you have any questions regardjng this proposal, please contact Kim B. Howlett. ... ”._ ,?- “..*,,?9 , 11 I -2‘1? /.- 8 - Diane Pearson Vice Resident t 4 ? 18 * 0 0 VlLREsUMEs Resumes of the project manager and technical personnel are on the following ' pages. j b c 19 r I1 0 e 1 2 3 4 5 6 RESOLUTION NO. 89-406 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CARLCANNON ASSOCIATES FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE REVIEW OF THE CARLSBAD PROMENADE - EIR 89-2. I The City Council of the City of Carlsbad, California, does hereby resolve as I 7 follows: 8 9 1. That certain agreement between the City of Carlsbad and Carlcannon Associates for the payment of consultant costs for the preparation .of an 10 11 environmental impact report for the review of the Carlsbad Promenade project, a 12 13 reference, is hereby approved. copy of which is attached hereto, marked Exhibit "2", and incorporated herein by 14 2. The Mayor of the City of Carlsbad is hereby authorized and directed E to execute said agreement for and on behalf of the City of Carlsbad. 16 17 18 PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad held on the 14th day of bm~ber , 1989, by the following vote, 19 1 to wit: 2o i AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson 21 22 23 NOES: None ABSENT: None 24 25 ATTEST: 26 II CLAUDE Lib!?/&f,#, A. E IS, Mayor 27 ALETHA L. RAUTENKFWNZ, City Cikrk 28 (U MLzzk t- q. 0 0. AGREEMENT THIS AGREEMENT is made this z"day of & 1989, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and CARLCANNON ASSOCIATES hereinafter referred to as APPLICANT. RECITALS WHEREAS, the APPLICANT has filed with the CITY a request for approval of a proposed project identified -as the CARLSBAD PROMENADE (GPA 89- 4, etc.) requiring an Environmental Impact Report; and WHEREAS, CITY has determined that its current staff lacks the appropriate personnel to process the proposed Environmental Impact Report in a timely and thorough manner; and WHEREAS, CITY has determined that to proceed with the processing of the Environmental Impact Report it will be necessary to hire a consultant to aid staff with the monitoring and processing of such Environmental Impact Report; and WHEREAS, APPLICANT in order to ensure the expeditious processing of said Environmental Impact Report desires to pay to CITY the amount necessary to hire CONSULTANT. NOW, THEREFORE, in consideration of the covenants and conditions, it is agreed as follows: I 0 e 1. The CITY will engage the firm of RECON, hereinafter referred to as the "CONSULTANT" to perform the necessary work in the processing and monitoring of the Environmental Impact Report for that area more particularly depicted upon a site map attached as Exhibit "A" and made a part of this agreement. 2. It is understood that the Consultant services shall conform to the Proposal attached as Exhibit "Y", on file in the Planning Department and made a part of this agreement by reference, and may require: a) Weekly communication with the CITY staff; b) Written reports; and c) Such other work necessary to properly evaluate the proposed project as directed by the Planning Director. 3. It is understood that the CITY will direct the Consultant to complete a draft and final Environmental Impact Report at the earliest feasible time. The CITY will advise the APPLICANT in writing of any significant economic problems which may render the proposed project unfeasible within a reasonable time after CITY has received the Consultant's conclusions in writing. 4. The APPLICANT shall pay to the CITY the actual cost of the Consultant's services. Such cost shall be based on the costs set forth in Exhibit 'T'. The APPLICANT has advanced the sum of $32,980.00 as payment on account for the actual cost of the Consultant's services; -2- 1 ... ... ... 5. 6. e e in the event it appears, as the work progresses, that said sum will not be sufficient to cover the actual cost, the CITY will notify the APPLICANT of the difference between the amount deposited and the new estimated cost. CITY will ensure, to the extent feasible, that no further work will be performed by the Consultant incurring an obligation beyond the amount advanced without an appropriate amendment to this Agreement. If the actual cost of preparing the report is less than the APPLICANT’S advance, any surplus will be refunded to APPLICANT by CITY. It is understood that the Consultant shall be an independent contractor of the CITY. The APPLICANT agrees to permit the Consultant to enter upon his property and to perform all work thereon as the Consultant deems necessary to complete the Environmental Impact Report. It is agreed that the APPLICANT will not interfere with the Consultant in the performance of such work or attempt to influence such Consultant during the course of his investigation and report. It is understood that the CITY will attempt to bring the Environmental Impact Report to Planning Commission and CITY Council as soon as possible, barring no delays from the APPLICANT. -3- 6 *. 0 ea IN WITNESS WHEREOF, the parties hereto hsue executed this agreement on the day and year first above written. CITY OF CARLSBAD, a Municipal Corporation of the State of California BY (CLAUDE [$/&dm A. LEh, Mayor Carlcannon. Associates ent Company ins, President ES ATTESTED: -4 .h\ ALETHA L. "RAUTENKRANZ, City) Clerk APPROVED AS TO FORM: City Attorney -4- i r 0 LWUH I IWIY rwnr @I I;A~LDLL tt ~ ‘d. City of Gar