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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. I 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) - . 1 2 3 4 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 23 24 25 ATTEST: 26 27 ALETHA L. RAUTENNRANZ, City dlerk 28 i 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. 2 (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 3 (2) i 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. 5 . i (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 7 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. 8 i (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 9 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. 10 _- . . 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 11 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, . . -. - _I 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 - _ - - _, 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. , 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 5 10 25 5 5 5 5 5 5 5 5 10 10 ‘1 100 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 . , - . . * . 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/ 4 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. I - L I I I 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. I I I I I I I I I 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 / I e . e ! I . . I I I I I I I I I I I I 1 I I I I 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 I I I I I 4 A I’ I’KOI’RIATE I’EHC EN‘T CO N’I’K I I3 UTI ON - 5 10 25 5 5 5 5 5 5 5 5 10 10 100