HomeMy WebLinkAbout1990-03-20; City Council; 10537; Agreement for Consulting Services to Prepare Revision to the Environmental Impact Report for Evans Point CT 89-08Cl? DF CARLSBAD - AGEND. - 3lLL ’ ’
AB# + -fj-gf TITLE* dAGREEMENT FOR CONSULTING SERVICES
MTG. 3/20/90
DEPT. PLN
~;OPlWAREmA-RWE3~~~,$ THEH ENVIRONMENTAL IMPACT REPORT FOR
I RECOMMENDED ACTION:
Adopt Resolution No. p-&4 , APPROVING an agreement with Michael Brandman and Associates (MBA) to revise the existing Environmental Impact Report for Evans Point, and approving an agreement with Morrison Homes for the provision of funding said Environmental Impact Report.
I ITEM EXPLANATION
In November, 1985, a contract with Michael Brandman and Associates, in the amount of $22,820, was executed to prepare an EIR for Evans Point. The draft EIR was completed in May 1986, however due to a number of factors, among them the development of the Growth Management Program, the document was never taken forward for hearing. Subsequent to that, ownership of the property has changed, and a Local Facilities Management Plan for this area, Zone 24, has been approved by Council on December 20, 1988. The current owner of the property wishes to resume processing of a revised project, which will require extensive revision to the existing EIR.
Since MBA prepared the first draft of the existing EIR and is uniquely familiar with the project site and issues, and have retained the original exhibits, text, and support data, staff is recommending that their services be retained to complete the revision. MBA, having prepared the 1986 EIR, is well informed of the environmental issues of the project and will therefore expedite the completion of the EIR.
There is still an existing contract, which was executed by the previous owner of the property, with a balance of $4,564, which will be refunded to the previous owner.
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FISCAL IMPACT
Cost of the revision is not to exceed $58,050. The developers, Morrison Homes, Inc., are responsible for the provision of funding for the revised EIR. Funds will be deposited with the City in a trust account, upon approval of this agreement.
I EXHIBITS
1. City Council Resolution No. 78-k+ 2. Agreement with Michael Brandman and Associates (MBA) (Consultant) 3. Agreement with Morrison Homes, Inc. (Developer)
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RESOLUTION NO. 90-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AGREEMENTS BETWEEN THE CITY OF CARLSBAD AND MICHAEL BRANDMAN AND ASSOCIATES: AND THE CITY OF CARLSBAD AND MORRISON HOMES, FOR CONSULTING SERVICES TO REVISE THE ENVIRONMENTAL IMPACT REPORT FOR EVANS POINT
5 The City Council of the City of Carlsbad, California,
6 does hereby resolve as follows:
7 1. That certain agreements between the City of Carlsbad
0 and Michael Brandman and Associates (MBA): and the City of
9 Carlsbad and Morrison Homes, Inc., for consulting services to
10 revise the existing Environmental Impact Report for Evans
11 Point, copies of which are on file in the office of the City
12 Clerk, and incorporated herein by reference, are hereby
13 approved.
14 2. The Mayor of the City of Carlsbad is hereby
15 authbrized and directed to execute said agreements for and on
16 II behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
18 City Council of the City of Carlsbad, California, on the 20th
19 day of March , 1990.
20 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
21 NOES: None
22 ABSENT: None
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24
25 ATTEST:
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27 ALETHA L. RAUTENNRANZ, City dlerk
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AGREEMENT
THIS AGREEMENT is made this &&day of Lb ) 1990,
between the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as CITY, and MICHAEL BRANDMAN ASSOCIATES hereinafter
referred to as CONSULTANT.
RECITALS
WHEREAS, the CITY, has entered into an agreement with MORRISON
HOMES hereinafter called the applicant, wherein the CITY agrees to prepare an
Environmental Impact Report for the proposed project identified as Evans Point which
is located south of El Camino Real and west of Camino Hills Drive and more precisely
shown on the plat marked Attachment 1, attached hereto and made a part hereof; and
WHEREAS, the CONSULTANT ‘has the qualifications to 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:
(U DUTIES OF THE CONSULTANT
CONSULTANT shall prepare an Environmental Impact Report on the
subject project in accord with the California Environmental Quality Act as
implemented by the State Guidelines and by CITY in Title 19 of the
Carlsbad Municipal Code and its implementing resolutions. In carrying out
this obligation the CONSULTANT’S duties shall include the following:
(a)
(b)
The CONSULTANT shall, consistent with the Work Program
contained in Attachment 2, (1) make all necessary and required field
explorations, review and tests; (2) make all necessary and required
laboratory tests and analysis; (3) appear and be prepared to
answer questions and prepare testimony on the final Environmental
Impact Report at all public hearings before the Planning
Commission and the City Council prior to the certification of the
report; (4) make all reports necessary to comply with the
requirements of this section. Before preparing the draft report, the
CONSULTANT shall submit five copies of a preliminary report
(screen check EIR) to the Planning Director for staff review. The
CONSULTANT Shall revise the preliminary report as requested by
staff in order to make it suitable for draft EIR review.
CONSULTANT shall prepare a draft report in compliance with the
Work Program contained in Attachment 2 on file at the Planning
Department (unless otherwise stated in this agreement), attached
hereto and made a part hereof and with applicable state law and
City ordinances. The CONSULTANT shall submit to CITY fifty
copies (in 3-ring binders) plus a reproducible master of the draft
EIR to the CITY.
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(c) CONSULTANT shall attempt to determine as soon as possible in his
study of the area involved, those factors which could severely inhibit
or prohibit the proposed project. If it appears that such factors are
present, he shall so inform the Planning Director who in turn will
discuss with the applicant the feasibility of continuing with the
report. The objective of this subsection of the agreement is to
minimize the cost if these adverse factors exist.
(d) CONSULTANT shall prepare and file with the CITY written responses
to all comments received subsequent to public notice that the draft
Environmental Impact Report has been filed. CONSULTANT shall
also prepare any response necessary to matters raised at the public
hearings. The written responses shall be prepared in a form that
will permit the responses to be incorporated into the final
Environmental Impact Report.
DUTIES OF THE CITY
(a) The CITY will make payment to the CONSULTANT as provided for
in this agreement.
(b) The CITY will make available to the CONSULTANT any documents,
studies, or other information in its possession related to the
proposed project.
(c) The CITY will review the Preliminary Report presented by the
CONSULTANT within fourteen working days of their receipt and
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(2)
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make written comments to the CONSULTANT within that time
period.
(d) The CITY shall provide the CONSULTANT with copies of all written
comments received on the draft Environmental Impact Report
subsequent to public notice that the draft Environmental Impact
Report has been filed and is available for public review.
(3) TERMINATION OF AGREEMENT
The CITY may terminate this agreement at any time by giving written
notice to the CONSULTANT of such termination and specifying the
effective date thereof, at least fifteen days prior to the effective date of the
termination. In event of termination, all finished or unfinished documents
and other materials prepared pursuant to this agreement shall become its
cwerty. Upon termination for reasons other than breach of this
agreement CITY shall pay CONSULTANT the reasonable value of the
services completed to the date of notice of termination.
(4) RELEASE OF INFORMATION BY CONSULTANT
Any reports, information or other data, prepared or 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)
(6)
OWNERSHIP. PUBLICATION, REPRODUCTION AND USE OF ENVIRON-
MENTAL IMPACT REPORTS AND OTHER MATERIALS
All documents and materials prepared pursuant to this agreement are the
property of the CITY. The CITY shall have the unrestricted authority to
publish, disclose, distribute and otherwise use, in whole or in part, any
reports, data, or other materials prepared under this agreement.
PAYMENT
The CONSULTANT will be paid a maximum of $58,050 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 Attachment 2 on file at the Planning Department. The
CONSULTANT shall be paid within 30 days, in response to monthly
invoice, for up to sixty percent of the compensable services for the
completion of the screen check draft Environmental Impact Report in
accordance with Paragraph 1 above. The CONSULTANT will be paid up
to an additional twenty-five percent upon acceptance by the CITY of the
response to comments from the CONSULTANT, the final fifteen percent will
be paid not to exceed the maximum amount provided in its agreement
within thirty days after receipt of invoice, to be submitted after the
certification of the Environmental Impact Report by the City Council.
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(7) TIME OF COMPLETION
Time is of the essence in carrying out the terms of this agreement. It is
understood that inclement weather conditions may delay the completion
of field work. The CONSULTANT will be allowed as many additional days
as are necessary to compensate for days lost due to inclement weather.
The CONSULTANT shall submit to the CITY five copies of the Preliminary
Environmental Impact Report within six weeks of the signing of this
agreement by both concerned parties. The CONSULTANT shall submit to
the CITY fifty copies of the draft Environmental Impact Report within ten
working days of the completed staff review of the Preliminary
Environmental Impact Report.
03) LIMITS OF THE OBLIGATION
The limits of the obligation of the CITY under this agreement is in the sum
of $58,050 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 notify the
Planning Director. He will not perform any work or incur any obligation
beyond said sum of $58,050 without appropriate amendment to this
agreement.
(9) CHANGES IN WORK
If, in the course of this contract, changes seem merited by the
CONSULTANT or the CITY and informal consultations indicate that a
change in the conditions of the contract is warranted, the CONSULTANT
or the CITY may request a change in the contract. Such changes shall
be processed by the CITY in the following manner. A letter outlining the
required changes shall be forwarded to the CITY or CONSULTANT to
inform them of the proposed changes along with a statement of estimated
changes in charges or time schedule. After reaching mutual agreement
on the proposal, a supplemental agreement shall be prepared by the CITY
and approved by the City Council. Such supplemental agreement shall
not render ineffective or invalid unaffected portions of the agreement.
Changes requiring immediate action by the CONSULTANT or the CITY
shall be ordered by the Planning Director who will inform a principal of the
CONSULTANTS firm of the necessity of such action and follow up with a
supplemental agreement covering such work.
The lump sum amounts detailed in this agreement shall be adjusted for
changes, either additive or deductive, in the scope of work.
(10) HOLD HARMLESS
The CONSULTANT will indemnify the CITY against and hold it harmless
from all and any cost, expense, or liability for damages on account of
injury or death to persons or damage to property resulting from or arising
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out of or in any way connected with the negligent or intentionally wrongful
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
agreement.
(11) MAINTAIN INSURANCE
CONSULTANT shall, at all times that this agreement is in effect or the
premises are occupied by CONSULTANT, cause to be maintained in force
and effect an insurance policy or policies which will ensure and indemnify
both CITY and CONSULTANT against liability or financial loss resulting
form injuries occurring to persons or property in or about the premises or
occurring as a result of any acts or activity of CONSULTANT. The liability
under such insurance policy shall be not less than $100,000 for any one
person injured or $300,000 for any one accident and $50,000 for property
damage. The policy shall be written by a responsible company or
companies to be approved by CITY, and shall be noncancelable except
on ten days’ written notice to CITY. Such policy shall name CITY as
additional insured and a copy of a certificate describing such policy shall
be filed with the CITY.
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(12) INDEPENDENT CONTRACTOR
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 reason
hereof, make any claim, demand, or application to or for any right or
privilege applicable to an officer or employee of the CITY including, but not
limited to, workmen’s 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 hereof or any
monies due or to become due thereunder without the prior written consent
of the CITY.
(14) SUBCONTRACTING
If the CONSULTANT shall subcontract any of the work to be performed
under this contract by CONSULTANT, the CONSULTANT shall be fully
responsible to the CITY for the acts and omissions of its subcontractor
and of the persons either directly or indirectly employed by its
subcontractor, as it is for the acts and omissions of persons directly
employed by it. Nothing contained in this contract shall create any
contractual relationship between any subcontractor of CONSULTANT and
the CITY. The CONSULTANT shall bind every subcontractor and every
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subcontractor of a subcontractor by their terms of this contract applicable
to its work unless specifically noted to the contrary in the subcontract in
question approved in writing by the CITY.
(15) PROHIBITED INTEREST
No official of the CITY who is authorized in such capacity on behalf of the
CITY to negotiate, make, accept or approve, or to take park in negotiating,
making, accepting or approving any architectural, engineering, inspection,
construction, or material supply contract or subcontract 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 hereof.
(16) VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent or employee
of the CITY, either before, during or after the execution of this contract,
shall affect or modify any of the terms or obligations herein contained, nor
such verbal agreement or conversation entitle the CONSULTANT to any
additional payment whatsoever under the terms of this contract.
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. IN WITNESS WHEREOF, the parties hereto have executed this agreement
on the day and year first above written.
ATTEST:
By:
-A!&% &L-#L- ALETHA RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
City Attorney
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SITE ’
- ATTACHMENT 1
PALOMAR AIRPORT
LOCATION MAP EVANS POINT
JN 9319E
ATTACHMENT :
January 17, 19‘90
t:i\\ Ir~‘l\ll\~r\c.l~ I:~~L.lrc!l l i’! LIl,~lIii: lf,,! i’r, >\~c.ill,~ l 1:. r ‘:.!:.<.r, . .
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City of Carlsbad
Don Neu, Associate Planner
2075 Las Palmas Drive
Carlsbad, CA 920094859
Subject: Proposal to prepare the Evans Point E.1.R GPA 89-l/ZC 89-J/CT’ 89-81HDP 89-
20iS UP 89- 1
Dear Mr. Ncu:
Michael Brandman Associates (MBA) is pleased to submit this proposal for revision of the Evans
Point EIR we prcparcd for the City of Carlsbad in 1986. This proposal provides a plan for an
EIR which will cffcctivcly consider ail of the changes in applicnblc city ordinnnccs and politics and
impacts of the: new Evans Point project consisting of 221 lots for single family rcsidcnccs on a
total oC 128.1 acres.
Having prepared the 1986 EIR, MBA staff is well informed of the environmental issues of the
Evans Point project and will therefore expedite the completion of the EIR. In addition, !vlBA
staff and members of the project team have prior experience with interdisciplinary cnvironmcntal
asscssmcnts with the City of Carlsbad. MBA prcparcd EIRs for the Kelly Ranch and the Brcssi
Ranch.
We understand the project description and the contract agrccmcnt you provided. WC have
included a scope of work (Attachment A), a project schcduic (Attachment B) which explain the
mcasurcs to bc taken and a timcframc for completion, and a price proposal (Attachment C).
Thomas E. Smith, Jr., AICP, who was also the active principal for the 1986 EIR, has chosen
Michael U. Evans as the Project Director and Martha B. Wiley as the Project Manager (SCC
Attachment D for a list of team mcmbcrs and their rcsumcs). Thcsc individuals will Icad the
appointed MBA team and dcsignatcd subconsultants (see Attachment E for qualifications) to
cffcctivcly cxccutc this project in a timely and cost efficient manner. The managcmcnt lcnm will
also guarantoc the Final EIR complies with CEQA and Stntc CEQA guidclincs.
.’ ,.. ,,. .,,, [‘,\,?.,( : !:I, ,,,; , -‘I. “‘: I
.
The 31f3il slalf prides ilscll‘ in providing the highest dcgrcc: oL’ c[icnt scnicc and uili hc ~~L~III~~Ic:
to work with the City of Carlsbad to ensure that the preparation of the Evans Pvint EIR runs
smoothly and that ail cxpcctations nrc met throughout the project.
IC yuu hnvc any questions or need ndditional inConnation, picase call Xlichacl U. Evans or
,Lfnrtha 8. Wiley at (619) 226-2223.
Respectfully Submitted.
L~/Jzz%-p
Curtis E Aling. AICP
Principal - Environmental Services
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CENmcm
Attachments (5)
JN 0029POll
:\‘l’I’AC1 IXIENT A
SCOPE OF WORK
y;Ol’ICE OF 1’RFl’A~TION
>lBA will prepare the notice of preparation (NOP), including a brief project description. one
map showing project location within the City, and a brief summary of the impacts to be evaluated
in the EIR. A copy of the initial study may also be included at the discretion of the City. M&4
will develop a mailing list of interested and responsible agencies. The City will provide names and
addresses of those property owners within 600 feet of the project boundary. The City will
distribute the NOP.
A screencheck NOP and agency mailing list will be submitted to the City within 7 days of
authorization to proceed.
SCREENCHECK DMFT EIB
MBA will prepare the Draft EIR, using existing material where appropriate and generating new
data where necessary. Issues to be assessed in the document are listed below and will be similar
to those contained in the 1986 EIR. Specific information concerning the level of detail for each
issue is described below.
Qoloty. The 1985 geotechnical report prepared by San Diego Soils will bc rcvicwcd
in light of the new project description. No new research into existing conditions will
be ncccssary; however, the impact analysis will be updated to reflect the new
development proposal.
Ilvdrolwy. The information contained within the 1986 EIR will be reviewed. The
lot&year flood plain contours will be verified. Drainage courses will be updated as
necessary. New research into the ground and surface water quality will be needed
in view of the land use changes within the Lagoon watershed. A new impact analysis
will focus on impacts from floo+ing, changes to surface drainage and effects to water
quality of the Lagoon during construction. .
Jiolooy. A new biological survey will be conducted, including a field survey to verify
type and location of habitats, and the presence of sensitive plant and animal species.
A new survey is warranted by the changes in status of sensitive species, particularly
those associated with wetlands. Acreages of habitat types will be determined, and
impacts to sensitive species will be assessed. Mitigation measures will be provided.
California Department of Fish and Game and US Fiih & Wildlife Service
correspondence will be reviewed and the agencies will be contacted during the NOP
process. No further contact will be made with these agencies, and no work will be
done toward federal and state biological resources permits.
A new cultural resources survey will be done by RMW Paleo, subcontractors Caltanj.
to MBA in conformance with the Cultural Resource Guidelines for the City (October
31. 1989). Particular emphasis will be placed on historic resources on the property:
the analysis of impacts to identified historic resources will be conducted according to
the recent Historic Preservation Guidelines. A historian will be included on the survey
team. Boundaries of known historic or archaeologic sites on the property will be
defined, and all potential historic or archaeologic resources on the site will be located
.
;lnd d~cr~bcd. Spccific;rlly, the following ti\Sks will hc: complctcd during the proposed
project: ( 1) Archival research to more fully document the history of the Kelly Barn and
stage stop. Extensive photographic documentation of the barn and associated
structures will also bc accomplished. (2) Archival research to determine if pertinent
arcs studies have been completed since 198.5. (3) Reexamination of those areas on
the property which were heavily brush covered. The current drought conditions may
have created better surface visibility. (4) Completion of surface collections and test
cvcnvations at the archaeological site and shell scatter to dctcrmine their significance.
;Votc: The shell scatter is probably an extension of a large site located just off the
property to the south. (5) Preparation of a report detailing all findings and
recommending appropriate actions for future management of the resources.
I,and Use ComDatibility. The existing land uses on and adjacent to the site as
described by the 1986 EIR will be verified. The compatibility of the proposed development with existing uses will be assessed, including the topographic differences
as well as the land uses themselves. Of particular concern is the relationship of the
project to the adjacent Carlsbad Research tinter. Mitigation measures, in terms of
landscaping or other buffer, will be developed where necessary.
Proiect Comoatibilitv with I’lanninn Programs. The City has adopted or revised many
of the ordinances and plans affecting this project. Accordingly, a new analysis is
rcquircd, and will inciudc the Growth Managcmcnt Plan, Hillside Dcvclopmcnt
Ordinance, Coastal Program, and,the Local Facilities Management Plan (Zone 24).
in addition to the General Plan and zoning analysis. Each plan will be reviewed to
ensure that the relevant goals, policies or objectives are identified, and the project’s
conformance evaluated.
~~ricrlltrrnl Resources. The existing agricultural analysis will be verified. The focus
of this section will be the information required by the Coastal Program. It is cxpccted
that the existing material will be sufficient.
Tr:rnsoortatio& Basmaciyan-Darnell, Inc., subconsultants to MBA, will prepare a
technical report, which will be included as an appendix and summarized in the EIR.
A new analysis will be conductg$ since the City has recent baseline data developed
as part of the Growth Managerrient Plan. The existing traffic circulation setting and
the future planned system will be described. The project’s effect will be evaluated by
dctcrmining the average daily traffic to bc gcncrated from the site, and projecting its
distribution on the City’s transportation network. The impacts from project phasing
will also be assessed.
Air Ou(~lity. The state ambient air quality standards, and the most rcccnt San Dicgo
County Air Pollution Control District State Implementation Plan will be rcvicwed.
The ambient air quality at the site will be assessed. Special attention will bc paid to
the region’s current status as a non attainment arca for ozone (Class III zone).
Impacts for the project, in terms of traffic-generated air pollutants, will be determined
in relation to their effects on the County’s ability to meet its cumulative air quality
goals.
JWse. A new noise analysis will be conducted according to the City’s Administrative
Policy directing the preparation of a Noise Study. The Noise Study will document the
projected noise level at buildout of the General Plan and provide mitigation to limit
noise level to a maximum of 60 decibels (dba CNEL). Both traffic and aircraft noise
will be examined.
Utilities. Utilities and service agencies will be contacted to determine existing
condirions and foreseeable impacts. Mitigation measures, where ncedcd. will be developed in conjunction with service agency staff. Written responses from the
agencies will be included as an appendix to the EIR.
\‘isJJal ~JJ~~itv/Tmnn!rarJhic Alterdog. The visual analysis will describe the views to and from the project site, and discuss how the appearance of the site would change
with project implementation. We will examine impacts to topography and evaluate
topographic alteration as compared to the El Camino Real Corridor Development
Standards and the Hillside Development regulations. Mitigation measures to preserve
the visual quality of the site w-ill be presented as necessary.
Alternntives. The EIR will describe and briefly evaluate three alternatives in addition
to the preferred project of 221 units. These will include the No Project alternative,
an increased density alternative (of 263 units), and a third alternative to be determined,
which would be in conformance with the City ordinances currently in place.
GPAKEOA Sections. The EIR will include sections required by CEQA (Section
15126 (e) and (f) for General Plan Amendments: the relationship between local
short-term uses of man’s environment and the maintenance and enhancement of long
term productivity; any significant irreversible environmental changes which would be
involved in the proposed action should it be implemented; and growth inducement.
A summary of the project description and environmental analysis’will be Summary.
included. The environmental analysis/mitigation measures will be summarizcd in table
format.
Five copies of the Draft EIR (Scrccncheck) will be submitted to the City within 6 weeks from
authorization to proceed.
FT ElR
MBA will make revisions to the Screenchegk document based on review comments from the City
and prepare a Draft EIR for public circulation. Fifty copies of the Draft EIR will be submitted
to the City within 10 working days from receipt of City review comments.
MBA will prepare written responses to comments rcccivcd during public review. Five copies of
the Screenchcck responses will be submitted to the City within 10 working days from receipt of
all comments from the City. MBA will make any changes necessary after City review, and submit
five copies of the Responses to Comments within 3 working days of rcccipt of City revisions.
The MBA Project Manager will attend four meetings with City staff: a project initiation meeting
as soon as possible after authorization to proceed; a meeting to receive and discuss City
comments to the Screencheck Draft EIR; a meeting to receive and discuss City comments to the
Screencheck Responses to Comments; and a meeting prior to the public hearing for the project
to discuss preparations for the public hearing.
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The MBA Project htanagcr and Project Director will attend up to four public hearings for the . project to be held in the Carlsbad vicinity, and be available during the hearings to answer . questions regarding the environmental work covered under this scope of work.
A’lTACIIh-IENT U .
PROJECT SCHEDULE
It is understood that it will not be possible to complete the environmental documentation for
this project in time for hearing at the June 6, 1990, General Plan Amendment hearing scheduled by the City. It is cxpcctcd that a period of approximately 26 weeks (including City staff time to
prcpnrc staff reports) will be necessary behveen authorization to proceed and the first scheduled
public hearing.
I Week
Authorization to Proceed; Project Initiation meeting 0
MBA submits Screencheck NOP to City 1
BDI submits traffic study to MBA 5
MBA submits five copies of Screencheck DEIR 7
City submits one set of review comments to MBA;
Scrcenchcck DEIR meeting 8
MBA submits 50 copies of Draft EIR to City 10
Public Rcvicw Period 11-17
City gives public comments to MBA 18
MBA submits Screencheck Responses to Comments to City 20
City gives review comments to MBA; Final EIR meeting 21
MBA submits five copies of Final EIR tp City 22
Hearing preparation meeting 1 week prior to public hearing 25-28
A-l-l-AC1 IMENT C
. COST PRICE PROPOSAL
The price estimate for the preparation of the Evans Point EIR is described as follows for each
major task of the SCOT of work.
PROJECT MANAGEMENT
NOP PREPARATION
SCREENCHECK DRAFT EIR
Project Description
Land Use/Local Policies
Geology
Hydrology/Water Quality
Biology
Traffic
Air Quality
Noise
Energy
Aesthetics
Public Services
Cultural Resources
Cumulative Analysis
Alternatives Analysis
Other CEQA Sections
DRAFT EIR 48 2,400
FINAL EIR 68 4,800
HEARINGS 52 4,800
TOTAL LABOR
COSTS
SUBCONSULTANTS
BDI (Traffic)
RMW Paleo (Cultural Resources)
Subtotal Subconsultant Fees
MBA Administration Cost (15%)
TOTAL SUBCONSULTANTS COST
OTHER DIRECT COSTS
Printing (66 copies @ $30) 1,980
Other Reproduction/Graphics Vendors 800
Telefax 200
24 2.m 24 1,200
8 350
12 500
84 5,ooo
16 900
60 3,600
24 1,400
8 350
24 1,4(K)
32 1,900
10 400
32 2,200
24 1,400
16 1.ooo
622
lki!s
s 4,300
7ocl
s40,600
313,800
II . . 1
‘I . v
I
I
I
1
I
1
I
I
I
1
I
I
1
I
I
1
1
Travel
3-Ring Binders
Deliveries
Other SupplidRcferenccs
TOTAL O-I-HER DIRECT COSTS S 3,650
TOTAL I)IRE~~ cows
r AL XOT-TO-EXCEED PRICE
200
120
-iii
s 17,450
b58.050
J’IK~l/Y.~~f E
Jfichaej Urandman .I\ssocintes
Thomas E. Smith
Michael U. Evans
Martha B. Wiley
Lori J. Apperson
Kevin E. Becker
Tung-Chen Chung
John W. McGinnis
Robert C. Reider
Teresa T. Tellez-Giron
Harold A Wier
Bonnie J. Hendricks
RMW Palep
Ron Bissell
Bill Darnell
Quan Hang
E. Don Gray
AlT’ACIlMENT 0
PROJECI’ PERSONNEL
Principal in Charge -
Project Director .’
Project Manager
Land Use/Public Policy/Agriculture
Visual Resources
Noise
Air Quality
Traffic
Utilities/Geology/Hydrology
Biology
Biology
API’KOl’RLATE
PERCENT
CONTKIIHJTIO~
Archaeologist, Historian
Principal In Charge/Traffic Engineer
Assistant Transportation Engineer
Assistant Transportation Engineer
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AGREEMENT
THIS AGREEMENT is made this d@day of L- ) 1990,
between the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as CITY, and MORRISON HOMES hereinafter referred to as
APPLICANT.
RECITALS
WHEREAS, the APPLICANT has filed with CITY a request for approval of
a proposed project identified as Evans Point (GPA 89-1, etc.) requiring an
Environmental Impact Report (EIR); and
WHEREAS, CITY has determined that is current staff is inadequate in
number to process the proposed EIR in a timely and thorough manner; and
WHEREAS, APPLICANT in order to ensure the expeditious processing of
said EIR desires to pay to CITY the amount necessary to hire Consultant.
NOW, THEREFORE, in consideration of the covenants and conditions, it
is agreed as follows:
1. The CITY will engage the firm of MICHAEL BRANDMAN
ASSOCIATES, hereinafter referred to as the “Consultant” to perform
the necessary work in the processing and monitoring of the EIR for
that area more particularly depicted upon a site map attached as
Attachment 1 and made a part of this agreement.
2.
3.
It is understood that the Consultant services shall conform to the
Proposal attached as Attachment 2 and made a part of this
agreement, and may require:
(a) Field exploration;
(b) Weekly communication with the CITY staff;
(cl Written reports; and
(d) Such other work necessary to properly evaluate the
proposed project as directed by the Planning Director.
It is understood that the CITY will direct the Consultant to complete
a draft and final EIR at the earliest feasible time. The CITY will
advise the APPLICANT in writing of any impacts which may render
the proposed project unfeasible within a reasonable time after CITY
has received the Consultant’s conclusions in writing.
The APPLICANT shall pay to the CITY the actual cost of the
Consultant’s services. Such cost shall be based on the costs set
forth in Exhibit “2”. The APPLICANT has advanced the sum of
$58,050 as payment on account for the actual cost of the
Consultant’s services; in the event it appears, as the work
progresses, that said sum will not be 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
4.
2
5.
6.
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 EIR.
It is agreed that the APPLICANT will not interfere with the consultant
in the performance of such work or attempt to influence such
Consultant during the course of his investigation and report.
It is understood that the CITY will attempt to bring the EIR to
Planning Commission and City Council as soon as possible, barring
no delays from the APPLICANT.
3
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. IN WITNESS WHEREOF, the patties hereto have executed this agreement
on the day and year first above written.
CITY OF CARLSBAD, a Municipal Corporation of the
State of California
By:
GEORGE WIMPEY, INC. dba, APPLICANT: Morrison Homes
By: / 1 w
ATTEST:
ALETHA RAUTENKRANZ, City &lerk
City Attorney I/
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ATTACHMENT 1
+* 4+* +++++ 4 \ ++ %.....~I.....~......... City of Carlsbad
County of San Diego
PALOMAR AIRP~FIT
NOT TO SCALE
Oct. 24, ‘89
LOCATION MAP
JN 93-19E
-. ATTACHMENT 2
January 17, 1990
l,ljvir~)nnwnt~l K~~nr~l~ l I’l.lnninl: nnd l’roccssin): a I{ t’s< wlrt I h hlxmgmrcnt
f, ..-._ ,- .,
City of Carlsbad
Don Neu, Associate Planner
2075 Las Palmas Drive
Carlsbad, CA 92009-4859
Subject: Proposal to prepare the Evans Point E.1.R GPA 89-l/ZC 89-4/CT 89-8/HDP 89-
2OISUP 89-l
Dear Mr. Ncu:
Michael Brandman Associates (MBA) is pleased to submit this proposal for revision of the Evans
Point EIR we prepared for the City of Carlsbad in 1986. This proposal provides a plan for an
EIR which will cffcctivcly consider ail of the changes in applicable city ordinances and politics and
impacts of the new Evans Point project consisting of 221 lots for single family rcsidcnccs on a
total of 128.1 acres.
Having prepared the 1986 EIR, MBA staff is well informed of the environmental issues of the
Evans Point project and will therefore expedite the completion of the EIR. In addition, MBA
staff and members of the project team have prior experience with interdisciplinary environmental
asscssmcnts with the City of Carlsbad. MBA prcparcd EIRs for the Kelly Ranch and the Brcssi
Ranch.
We understand the project description and the contract agreement you provided. We have
included a scope of work (Attachment A), a project schcdulc (Attachment B) which explain the
measures to be taken and a timeframe for completion, and a price proposal (Attachment C).
Thomas E. Smith, Jr., ATCP, who was also the active principal for the 1986 EIR, has chosen
- Michael U. Evans as the Project Director and Martha B. Wiley as the Project Manager (see
Attachment D for a list of team mcmbcrs and their rcsumcs). These individuals will lcad the
appointed MBA team and designated subconsultants (see Attachment E for qualifications) to
effcctivcly cxccutc this project in a timely and cost efficient manner. The management team will
also guaranlce the Final EIR complies with CEQA and State CEQA guidclincs.
f ‘1’: ” .;I) (! ..! ,,., ,!(j., “l,jf, ‘I! ‘, ‘:nrl j!ic!r!p, (‘.\ 0.1 I(‘:! (f,i”, !,I(\ ,‘72\ 1 ,j: “I\ ‘;“I
. The MBA staff prides itself in providing the highest dcgrcc of client scrvicc and will bc available
to work with the City of Carlsbad to ensure that the preparation of the Evans Point EIR runs
smoothly and that all cxpcctations arc met throughout the project.
If you have any questions or need additional information, plcasc call Michael U. Evans or
Martha B. Wiley at (619) 226-2223.
Respectfully Submitted,
- Curtis E Ahing, AICP
Principal - Environmental Services
-, .-_-,-- -: _ .,
CEA/mcm
Attachments (5)
JN 0029POll
A’I’I’ACI IMENT A
SCOPE OF WORK
NOTICE OF I’REI’ARATION
MBA will prepare the notice of preparation (NOP), including a brief project description, one
map showing project location within the City, and a brief summary of the impacts to be evaluated
in the EIR. A copy of the initial study may also be included at the discretion of the City. MBA
will develop a mailing list of interested and responsible agencies. The City will provide names and
addresses of those property owners within 600 feet of the project boundary. The City will
distribute the NOP.
A screencheck NOP and agency mailing list will be submitted to the City within 7 days of
authorization to proceed.
SCREENCHECK DRAFT EIR
MBA will prepare the Draft EIR, using existing material where appropriate and generating new
data where necessary. Issues to be assessed in the document are listed below and will be similar
to those contained in the 1986 EIR. Specific information concerning the level of detail for each
issue is described below.
(;eoloey. The 1985 geotechnical report prepared by San Diego Soils will be reviewed
in light of the new project description. No new rcscarch into existing conditions will
be ncccssary; however, the impact analysis will be updated to reflect the new
development proposal.
Ilvdrology. The information contained within the 1986 EIR will be reviewed. The
lOO-year flood plain contours will be verified. Drainage courses will be updated as
necessary. New research into the ground and surface water quality will be needed
in view of the land use changes within the Lagoon watershed. A new impact analysis
will focus on impacts from fl&,ing, changes to surface drainage and effects to water
quality of the Lagoon during construction. Y
A new biological survey will be conducted, including a field survey to verify Biology.
type and location of habitats, and the presence of sensitive plant and animal species.
A new survey is warranted by the changes in status of sensitive species, particularly
those associated with wetlands. Acreages of habitat types will be determined, and
impacts to sensitive species will be assessed. Mitigation measures will be provided.
California Department of Fish and Game and US Fish & Wildlife Service
correspondence will be reviewed and the agencies will be contacted during the NOP
process. No further contact will be made with these agencies, and no work will be
done toward federal and state biological resources permits.
Cultural. A new cultural resources survey will be done by RMW Paleo, subcontractors
to MBA, in conformance with the Cultural Resource Guidelines for the City (October
31, 1989). Particular emphasis will be placed on historic resources on the property;
the analysis of impacts to identified historic resources will be conducted according to
the recent Historic Preservation Guidelines. A historian will be included on the survey
team. Boundaries of known historic or archaeologic sites on the property will be
defined, and all potential historic or archaeologic resources on the site will be located
,-
and dcscribcd. Specifically, the following tasks will bc complctcd during the proposed
project: (1) Archival research to more fully document the history of the Kelly Barn and
stage stop. Extensive photographic documentation of the barn and associated
structures will also be accomplished. (2) Archival research to determine if pertinent
arca studies have been completed since 1985. (3) Reexamination of those areas on
the property which were heavily brush covered. The current drought conditions may
have created better surface visibility. (4) Completion of surface collections and test
cxcnvations at the archaeological site and shell scatter to dctcrminc their significance.
Note: The shell scatter is probably an extension of a large site located just off the
property to the south. (5) Preparation of a report detailing all findings and recommending appropriate actions for future management of the resources. I
Land Use ComDatibility. The existing land uses on and adjacent to the site as
described by the 1986 EIR will be verified. The compatibility of the proposed
development with existing uses will be assessed, including the topographic differences
as well as the land uses themselves. Of particular concern is the relationship of the
project to the adjacent Carlsbad Research Center. Mitigation measures, in terms of
landscaping or other buffer, will be developed where necessary.
Proiect Comuatibilitv with Planninp Proerams. The City has adopted or revised many
of the ordinances and plans affecting this project. Accordingly, a new analysis is
rcquircd, and will include the Growth Management Plan, Hillside Dcvclopmcnt
Ordinance, Coastal Program, and the Local Facilities Management Plan (Zone 24),
in addition to the General Plan and zoning analysis. Each plan will be reviewed to
ensure that the relevant goals, policies or objectives are identified, and the project’s
conformance evaluated.
&ricultuml Resources. The existing agricultural analysis will be verified. The focus
of this section will be the information required by the Coastal Program. It is expected
that the existing material will be sufficient.
Trunsoortation. Basmaciyan-Darnell, Inc., subconsultants to MBA, will prepare a
technical report, which will be included as an appendix and summarized in the EIR.
A new analysis will be conducted, since the City has recent baseline data developed
as part of the Growth Management Plan. The existing traffic circulation setting and
the future planned system will be described. The project’s effect will be evaluated by
dctcrmining the average daily traffic to be gcncrated from the site, and projecting its
distribution on the City’s transportation network. The impacts from project phasing
will also be assessed.
,4ir Ouality. The state ambient air quality standards, and the most rcccnt San Dicgo
County Air Pollution Control District State Implementation Plan will be reviewed.
The ambient air quality at the site will be assessed. Special attention will be paid to
the region’s current status as a non attainment arca for ozone (Class III zone).
Impacts for the project, in terms of traffic-generated air pollutants, will be determined
in relation to their effects on the County’s ability to meet its cumulative air quality
goals.
poise. A new noise analysis will be conducted according to the City’s Administrative
Policy directing the preparation of a Noise Study. The Noise Study will document the
projected noise level at buildout of the General Plan and provide mitigation to limit
noise level to a maximum of 60 decibels (dba CNEL). Both traffic and aircraft noise
will be examined.
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Utilities. Utilities and service agencies will be contacted to determine existing
conditions and foreseeable impacts. Mitigation measures, where needed, will be
developed in conjunction with service agency staff. Written responses from the
agencies will be included as an appendix to the EIR.
Visrrsl Orrolitv/~owwraDhic Alteration. The visual analysis will describe the views to
and from the project site, and discuss how the appearance of the site would change
with project implementation. We will examine impacts to topography and evaluate
topographic alteration as compared to the El Camino Real Corridor Development
Standards and the Hillside Development regulations. Mitigation measures to preserve
the visual quality of the site will be presented as necessary.
.
Alternatives. The EIR will describe and briefly evaluate three alternatives in addition
to the preferred project of 221 units. These will include the No Project alternative,
an increased density alternative (of 263 units), and a third alternative to be determined,
which would be in conformance with the City ordinances currently in place.
GPAKEOA Sections. The EIR will include sections required by CEQA (Section
15126 (e) and (f) for General Plan Amendments: the relationship between local
short-term uses of man’s environment and the maintenance and enhancement of long-
term productivity; any significant irreversible environmental changes which would be
involved in the proposed action should it be implemented; and growth inducement.
”
A summary of the project description and environmental analysis will be Summary.
included. The environmental analysis/mitigation measures will be summarized in table
format.
Five copies of the Draft EIR (Screcncheck) will be submitted to the City within 6 weeks from
authorization to proceed.
DRAFT EIR
MBA will make revisions to the Screencheck document based on review comments from the City
and prepare a Draft EIR for public circulation. Fifty copies of the Draft EIR will be submitted
to the City within 10 working days from receipt of City review comments.
FINAL EIR
MBA will prepare written rcsponscs to comments received during public review. Five copies of
the Screencheck responses will be submitted to the City within 10 working days from receipt of
all comments from the City. MBA will make any changes necessary after City review, and submit
five copies of the Responses to Comments within 5 working days of receipt of City revisions.
HEARINGS/MEETING!j
The MBA Project Manager will attend four meetings with City staff: a project initiation meeting
as soon as possible after authorization to proceed; a meeting to receive and discuss City
comments to the Screencheck Draft EIR; a meeting to receive and discuss City comments to the
Screencheck Responses to Comments; and a meeting prior to the public hearing for the project
to discuss preparations for the public hearing.
The MBA Project Manager and Project Director will attend up to four public hearings for the
project to be held in the Carlsbad vicinity, and be available during the hearings to answer
questions regarding the environmental work covered under this scope of work.
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A’ITACIIMENT U
PROJECI’ SCHEDULE
It is understood that it will not be possible to complete the environmental documentation for
this project in time for hearing at the June 6, 1990, General Plan Amendment hearing scheduled
by the City. It is cxpcctcd that a period of approximately 26 weeks (including City staff time to
prcparc staff reports) will be necessary between authorization to proceed and the first scheduled
public hearing.
.__ .
-’ Week
Authorization to Proceed; Project Initiation meeting 0
MBA submits Screencheck NOP to City 1
BDI submits traffic study to MBA 5
MBA submits five copies of Screencheck DEIR 7
City submits one set of review comments to MBA,
Scrccnchcck DEIR meeting 8
MBA submits 50 copies of Draft EIR to City 10
Public Rcvicw Period 11-17
City gives public comments to MBA 18
MBA submits Screencheck Responses to Comments to City 20
City gives review comments to MBA, Final EIR meeting 21
MBA submits five copies of Final EIR tp City 22
Hearing preparation meeting 1 week prior to public hearing 25-28
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A’ITACIIMENT C
COST PRICE PROPOSAL
The price estimate for the preparation of the Evans Point EIR is described as follows for each
major task of the scope of work.
-LABOR I’RICJ$
Task
PROJECT MANAGEMENT
NOP PREPARATION
SCREENCHECK DRAFT EIR
Project Description 24
Land Use/Local Policies 24
Geology 8
Hydrology/Water Quality 12
Biology 84
Traffic 16
Air Quality 60
Noise 24
Energy 8
Aesthetics 24
Public Services 32
Cultural Resources 10
Cumulative Analysis 32
Alternatives Analysis 24
Other CEQA Sections 16
DRAFT EIR 48 2,400
FINAL EIR 68 4,800
HEARINGS 52 4,~
TOTAL LABOR
DIRECT COSTS
SUBCONSULTANTS
BDI (Traffic)
RMW Paleo (Cultural Resources)
Subtotal Subconsultant Fees
MBA Administration Cost (15%)
TOTAL SUBCONSULTANTS COST $13,800
OTHER DIRECT COSTS
Printing (66 copies @ $30) 1,980
Other Reproduction/Graphics Vendors 800
Telefax 200
“50
16
-i 622
f&g
$ 4,300 700
$40,600
s 7,000
iigi
1.800
Travel
3-Ring Binders
Deliveries
Other Supplics/Rcfcrcnccs
TOTAL OTHER DIRECT COSTS $ 3,650
TOTAL I)IRECT COSTS
TOTAL NOT-TO-EXCEED I’RIC&
200
120
. ;t
$17,450
$58.050
-. -’ . .
F
AITACHMENT D
PRO JECI‘ PERSONNEL
Michael llnndman Associate9
Thomas E. Smith
Michacl U. Evans
Martha B. Wiley
Lori J. Apperson
Kevin E. Becker
Tung-Chen Chung
John W. McGinnis
Robert C. Reider
Teresa T. Tellez-Giron
Harold A. Wier
Bonnie J. Hendricks
RMW Paleo
Ron Bisscll
Unsmacivnn-l)urnell, Ins
Bill Darnell
Quan Hang
E. Don Gray
-1 . Principal in Charge
Project Director
Project Manager
Land UsePublic Policy/Agriculture
Visual Resources
Noise
Air Quality
Traffic
Utili t ies/Geology/Hydroiogy
Biology
Biology
Archaeologist, Historian
Principal In Chargeflraffic Engineer
Assistant Transportation Engineer
Assistant Transportation Engineer
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A I’ I’KOI’RIATE
I’EHC EN‘T
CO N’I’K I I3 UTI ON
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