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HomeMy WebLinkAbout1991-05-07; City Council; 11140; AGREEMENTS FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE SHELLEY CARLSBAD SUBDIVISION - EIR 90-06CITY %)F CARLSBAD - AGEND - BILL AB # /ii IL(i3 TITLE: AGRFEMENTS FOR THE PREPARATION OF AN MTG. 5-3 -‘i! ENVIRONMENTAL IMPACX REPORT FOR THE SHFLLY CARLSBAD SUBDMSION - EIR 90-6 DEPT. PLN o--y0 -3 . . I.- aw 7 B a % RECOMMENDED ACTION: ADOPT Resolution No. 91-139 , APPROVING an agreement with the consulting firm M.F. Ponseggi and Associates to prepare an Environmental Impact Report for the Shelley Carlsbad Subdivision - EIR 90-6, and APPROVING an agreement with Daniel Shelley to provide funding for the Environmental Impact Report. ITEM EXPLANATION As a part of the review of the proposed Shelley Carlsbad subdivision, staff has determined that an Environmental Impact Report should be prepared. Staff has expressed these concerns to the project proponent, Dan Shelley. Per City policy Mr. Shelley has agreed to pay the full cost for the preparation of the Environmental Impact Report. An agreement to this effect is attached. Requests for proposals were sent to ten consulting firms, seven of which responded. The bids for the preparation of the EIR ranged in cost from $34,000 to $109,900. For each proposal submitted, the Planning Department conducted a thorough review of the scope of work, the subconsultants to be used, qualifications and cost. The contrast in costs can be attributed to the scope and method of the subconsultants within which the potential impact was to be analyzed. After reviewing all proposals, staff recommends the M.F. Ponseggi and Associates, at a cost of $67,262.00, be selected to prepare the EIR for the review of this project. Their proposal was comprehensive and well formatted. The scope of work proposed by the subcontractors indicated a knowledge of methodology and experience. Several of the subcontractors as well as the principal environmental consultant have worked previously for the City of Carlsbad and are therefore familiar with the City’s policies and expectations. Because of the above stated reasons, staff recommends M.F. Ponseggi and Associates for the preparation of the Shelley Carlsbad subdivision Environmental Impact Report. The estimated cost of the proposed work is not to exceed $67,262.00. FISCAL IMPACI’ The project proponent Dan Shelley is responsible for the provision of the funding for the EIR. Funds will be deposited with the City in a trust account, upon approval and execution of this agreement. 1. City Council Resolution No. 3 I- 13 ‘I 2. Exhibit “A” (Location Map) 3. Attachment No. 1 (Agreement w/M.F. Ponseggi & Assoc.) 4. Attachment No. 2 (Agreement w/Daniel Shelley) - RESOLUTION NO. 91-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AGREEMENTS . BETWEEN THE CITY OF CARLSBAD AND M.F. PONSEGGI AND ASSOCIATES AND THE CITY OF CARLSBAD AND DANIEL SHELLEY CONSULTING SERVICES TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE SHELLEY CARLSBAD SUBDIVISION. EIR 90-6 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That certain agreements between the City of Carlsbad and M.F. Ponseggi and Associates and the City of Carlsbad and Daniel Shelley for consulting services to prepare an Environmental Impact Report for the Shelley Carlsbad Subdivision (CT 90-3), copies of which are on file in the office of the City Clerk, and incorporated herein by reference, are hereby approved. 2. The Mayor of the City of Carlsbad is hereby lauthorized and directed to execute said agreements for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the j 7th day of May * 1991. AYES: Council Members Lewis, Kulchin, Larson, Nygaard, and Stanton NOES: None ABSENT: None ATTEST: ~ Ll/eaxL2Qw , ALETHA L.,RAUTENKRANZ, City Clbrk -4 .- . / ,’ EXHIBIT “A” ,Z.‘ /’ . - I OliVebbain Road J.N. 9710 AGREEMENT - THIS AGREEMENT, made and entered into as of the / 0 aday of , 1991, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “CITY”, and M.F. PONSEGGI 8~ ASSOCIATES, hereinafter referred to as “CONSULTANT’. RECITALS CITY requires the services of an environmental consultant to provide the necessary planning services for preparation of an Environmental Impact Report; and CONSULTANT possesses the necessary skills and qualifications to provide the services required by the CITY; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CITY and CONSULTANT agree as follows: 1. CONSULTANTS OBLIGATIONS 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 CONSULTANTS duties shall include the following: ATTACHMENT #I (a) The CONSULTANT shall, consistent with the Work Program contained in Exhibit “B”, (1) make all necessary and required field explorations, reviews and tests; conduct a scoping meeting; (2) make all necessary and required laboratory tests and analysis; (3) appear and be prepared to answer questions and prepare testimony on the final EIR 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 draft 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. (b) CONSULTANT shall prepare a draft report in compliance with the Work Program contained in Exhibit “B” and the Proposal for Preparation of the EIR 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 twenty-five copies (in 3-ring binders) plus a reproducible master of the draft EIR to the CITY. (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 2 Rev. 11/8/90 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 EIR as been filed. CONSULTANT shall also prepare any response necessary to matters raised at the public hearings. The written responses shall be prepared as directed by the City in a form that will permit the responses to be incorporated into the final EIR. 2. CITY OBLIGATIONS (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 screen check draft EIR presented by the CONSULTANT within fourteen working days of their receipt and 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 EIR subsequent to public notice that the draft EIR has been filed and is available for public review. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt of notification to proceed by the CITY and be completed within one year of that date. Extensions of time may be granted if requested by the CONSULTANT and agreed to in writing by the CITY. The CITY will give allowance for documented and 3 Rev. 1 l/8/90 substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the CONSULTANT, or delays caused by CITY inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONSULTANT The total shall not exceed the fee payable according to Paragraph 6, “Payment of Fees,” and shall be $67,262.00. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” 5. DURATION OF CONTFWX This agreement shall extend for a period of one year from date thereof. The contract may be extended for 1 additional one (1) year period or parts thereof, based upon satisfactory performance and the CITY’s needs. 6. PAYMENT OF FEES The CONSULTANT will be paid a maximum of $67,262.00 dollars for all work necessary to carry out the requirements of this agreement. Actual payment shall be based on the cost of the report based on the costs as set forth in Exhibit “C” 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 EIR in accordance with Paragraph 1 above. The CONSULTANT will be paid up to an additional ten percent upon the draft EIR being sent out for public review. The CONSULTANT will be paid up to an additional fifteen percent upon acceptance by the CITY of the 4 Rev. 1 l/8/90 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 EIR or final action by the City Council. 7. CHANGES IN WORK If, in the course of the contract, changes seem merited by the CONSULTANT or the CITY, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the CONSULTANT or the CITY may request a change in contract. Such changes shall be processed by the CITY in the following manner: A letter outlining the required changes shall be forwarded to the CITY by CONSULTANT to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A supplemental agreement shall be prepared by the CITY and approved by the CITY according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. 8. COVENANTS AGAINST CONTINGENT FEES The CONSULTANT warrants that their firm has not employed or retained any company or person, other a bona fide employee working for the CONSULTANT, to solicit or secure this agreement, and that CONSULTANT has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or 5 Rev. 1 l/8/90 resulting from, the award or making of this agreement. For breach or violation of this warranty, the CITY shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 9. NONJXSCRIMINATION CLAUSE The CONSULTANT shall comply with the state and federal laws regarding nondiscrimination. 10. TERMINATION OF CONTRACX In the event of the CONSULTANT’s failure to prosecute, deliver, or perform the work as provided for in this contract, the CITY may terminate this contract for nonperformance by notifying the CONSULTANT by certified mail of the termination of the CONSULTANT. The CONSULTANT, thereupon, has five (5) working days to deliver said documents owned by the CITY and all work in progress to the CITY. The CITY shall make a determination of fact based upon the documents delivered to CITY of the percentage of work which the CONSULTANT has performed which is usable and of worth to the CITY in having the contract completed. Based upon that finding as reported to the City Manager, the Manager shall determine the final payment of the contract. 11. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or 6 Rev. 1 l/8/90 - interpretation not othetwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the CONSULTANT or the City Attorney. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Attorney or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 12. SUSPENSION OR TFRMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the CITY, the CONSULTANT shall assemble the work product and put same in order for proper filing and closing and deliver said product to CITY. In the event of termination, the CONSULTANT shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The CITY shall make the final determination as to the portions of tasks completed and the compensation to be made. 7 Rev. 11/8/90 13. STATUS OF THE CONSULTANT The CONSULTANT shall perform the services provided for herein in CONSULTANT’s own way as an independent contractor and in pursuit of CONSULTANT’s independent calling, and not as an employee of the CITY. CONSULTANT shall be under control of the CITY only as to the result to be accomplished, but shall consult with the CITY as provided for in the request for proposal. The CONSULTANT is an independent contractor of the CITY. The payment made to the CONSULTANT pursuant to the contract shall be the full and complete compensation to which the CONSULTANT is entitled. The CITY shall not make any federal or state tax withholdings on behalf of the CONSULTANT. The CITY shall not be required to pay any workers’ compensation insurance on behalf of the CONSULTANT. The CONSULTANT agrees to indemnify the CITY for any tax, retirement contribution, social security, overtime payment, or workers’ compensation payment which the CITY may be required to make on behalf of the CONSULTANT or any employee of the CONSULTANT for work done under this agreement. The CONSULTANT shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this agreement. 14. CONFORMITY TO IEGAL REO-S The CONSULTANT shall cause all drawings and specifications to conform to all 8 Rev. 1 l/8/90 applicable requirements of law: federal, state and local. CONSULTANT shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The CITY will provide copies of the approved plans to any other agencies. 15. OWNERSHP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the CITY, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the CITY. CONSULTANT shah have the right to make one (1) copy of the plans for his/her records. 16. REPRODUCl’ION RIGHTS The CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in CITY and hereby agrees to relinquish all claims to such copyrights in favor of CITY. 17. HOLD HARMLESS AG- The CITY, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, any intentional or negligent acts, errors or omissions of CONSULTANT or CONSULTANT’s agents, employees, or representatives. CONSULTANT agrees to defend, indemnify, and save free and harmless the CITY and its officers and 9 Rev. 1 l/8/90 employees against any of the foregoing claims, liabilities, penalties or fines, including liabilities or claims by reason of alleged defects in any plans and specifications, and any cost, expense or attorney’s fees which are incurred by the CITY on account of any of the foregoing. 18. ASSIGNMENT OF coNTMcx The CONSULTANT shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the CITY. 19. SU8CONTRACI’ING If the CONSULTANT shall subcontract any of the work to be performed under this contract by the CONSULTANT, CONSULTANT shall be fully responsible to the CITY for the acts and omissions of CONSULTANT’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as CONSULTANT is for the acts and omissions of persons directly employed by consultant. Nothing contained in this contract shall create any contractual relationship between any subcontractor of CONSULTANT and the CITY. The CONSULTANT shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to CONSULTANT’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the CITY. 20. PROHIBITED INTERES No official of the CITY who is authorized in such capacity on behalf of the CITY to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly 10 Rev. 1 l/S/90 interested personally in this contract or in any part thereof. No officer or employee of the CITY who is authorized in such capacity and on behalf of the CITY to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 21. VERBAL, AGREF,MENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before, during or or modify any of the terms or CONSULTANT to any additional contract. after the execution of this contract, shall affect obligations herein contained nor entitle the payment whatsoever under the terms of this 22. SUCCIXSORS OR ASSIGNS Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 23. ElWXIWE DATE This agreement shall be effective on and from the day and year first above written. 24. CONFLICl- OF INTERFS The CONSULTANT shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest 11 Rev. 1 l/8/90 .--. Code. The CONSULTANT shall report investments or interests in real property. 25. INSURANCE The CONSULTANT shall obtain and maintain policies of general liability insurance, automobile liability insurance, and a combined policy of worker’s compensation and employers liability insurance from an insurance company authorized to do business in the State of California which meets the requirements of City Council Resolution No. 90-96 in an insurable amount of not less than one million dollars ($l,OOO,OOO) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the life of this agreement and shall not be canceled without thirty (30) days prior written notice to the CITY sent by certified mail. 12 Rev. 1 l/8/90 The CITY shall be named as an additional insured on these policies. The CONSULTANT shall furnish certificates of insurance to the CITY before commencement of work. Executed by CONSULTANT this /dSA day of ,//p/i / , 1991. CONSULTANT: M.F. PONSEGGI AND ASSOCIATES (name of Consultant) CITY OF CARLSBAD, a municipal corporation of the State of California By: %&.&& &@wfl. (sign here) /?a,;/& 3. ~B~~~,- (print name here) 7fincipa/ r/i. K ;3oQq yc /’ VL“ A issaL I &g (title and organ&&on of signatory) ALETHA L. RAUTENKRANZ \ City Clerk (Proper notarial acknowledgment of execution by CONSULTANT must be attached.) (President or vice-president and secretary or assistant secretary must sign for I corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: VINCENT F. BIONDO, JR. 13 Rev. 1 l/8/90 I rCKNOWLEDOMENT NO 205 . , ifornia San Dieqo P i ,+pril 10, 1991 beforeme, Guadalupe E Lucero, Notary Public , DATE NAME, TITLE OF OFFICER E.G., “JANE DOE, NOTARY PUBLIC’ .rsonally appeared Marilyn R. F. Ponseqqi , NAME(S) OF SIGNER(S) @ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Q 1991 NATIONAL NOTARY ASSOCIATION * 8236 Remmel Ave . P 0 Box 7184. Canooa Park CA 91304 7lR.l AIXNTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document An agreement by and between City of Carlsbad Number of Pages 26 Date of Document Apri 1 10. 1991 Signer(s) Other Than Named Above CAPACITY CLAIMED BY SIGNER q INDIVIDUAL(S) 0 CORPORATE OFFICER(S) TITLE(S) q PARTNER(S) 0 AlTORNEY-IN-FACT 0 TRUSTEE(S) 0 SUBSCRIBING WITNESS 0 GUARDIAN/CONSERVATOR xfl OTHER: m City of Carlsbad SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) - h EXHIBIT “B” Carlsbad General Plan; Carlsbad Zoning Ordinance; City Base Maps (e.g., drainage, engineering, etc.); City Policies applicable to the project; Previous studies performed on the site including: Archeological Survey - May 1989 - Prepared by Affinis Biological update - May 1989 - Prepared by Affinis Noise Analysis - April 1989 - Prepared by RECON HEC I Model Analysis Hydrology Report - August 1988 prepared by Rick Engineering HEC II Hydrolic Analysis - February 1990 - Prepared by Rick Engineering Geotechnical Investigation - April 1986 - Prepared by Leighton & Associates; Studies currently being performed on the site including: Project Hydology Study; and List of projects that would contribute to cumulative impacts. Furthermore, we assume the applicant will supply the specific economic, social or other considerations which would render mitigation measures or alternatives infeasible if deemed necessary for the CEQA findings. Additionally, we assume the City will be responsible for; (1) circulating the Notice of Preparation which will be completed by ADHA; (2) completing the Notice of Completion and Notice of Determination; (3) distribution of the Draft EIR for public review; and (4) preparation of staff reports. IV. CONTRACT RESPONSIBILITIES 1. The EIR shall comply with the criteria, standards and procedures of the California Environmental Quality Act of 1970 (Public Resources Code Sections 21000 et. seq.), the State CEQA Guidelines (Cal. Admin. Code Section 15000 et. seq.), the Environmental Review Procedures of the City of Carlsbad and the regulations, requirements and procedures of any other responsible public agency or any agency with jurisdiction by law. If there are any conflicts between the City's requirements and those of any other agency, the City of Carlsbad requirements shall prevail. 2. The EIR shall include all data made available by the City and all studies prepared by the consultant. The appendices will include technical studies. 3. The draft and final EIR shall provide an evaluation of all feasible mitigation measures which could be carried out to reduce or eliminate adverse impacts associated with the short term and long term development of the -2- identified by the City and others, if appropriate If there are mitigation measures or alternatives ti the project which could reduce the adverse consequences of the project, but which are infeasible, MFPA shall cite in the CEQA findings the Specific SOnomic, social'or other conditions which render the mitigation measures or alternatives infeasible. The CEQA findings shall specify which mitigation measures have been incorporated into the project and which feasible mitigation measures have not, but which could be incorporated as part of the project- The CEQA findings shall also identify feasible alternatives which could reduce the adverse impacts, but are not being proposed by the Proponent- 4. The analysis shall include all the issues and elements identified in the RFP. 5. MFPA will prepare the following number of documents: a. S copies of the Screen Check draft EIR and appendices; b. SO copies of the Draft EIR (including one reproducible copy) with 25 of those copies in 3-ring loose leaf binders; and c. SO copies of the Final EIR (including one reproducible copy) with 25 of those copies in 3-ring loose leaf binders 6. MFPA's project manager and subconsultants, as required will attend the following meetings: 2 Five staff/consultant meetings with City staff; One Scoping Meeting; :: Two Planning Commission hearings on the Draft EIR Two City Council presentations of the Final EIR and CEQA findings where applicable. Additional meetings will be billed on a time and material basis. v. WORKPROGRAIJI The work program is divided into three phases; preparing a Notice of Preparation and Draft EIR, preparing the Final EIR, and attending public hearings. PHASE A: Task This task will consist of initial meetings with Staff and the - DRAPT EIR . . 1: proiect ID,Jtration project applicant in order to compile basic data to begin the project. During this task the Scoping Meeting will be held and the Notice of Preparation will be prepared. This task will also include preliminary review of City policies and regulations as they pertain to the project and collection and review of all reference materials necessary to prepare the EIR. Task 2: Project Manaaement Project Management will be on going through out the project. Primarily it will involve project coordination to ensure that the document is prepared accurately in a timely manner. This task will involve some coordination with other agencies such as the Army Corps of Engineers, meetings with City staff and the project applicant. This task includes five meetings with City staff during the course of the project. Task 3: proiect Deacra A detailed project description will be submitted for review by City staff. This step is to insure that the consultant team understands all aspects of the project and to correct any misconceptions that could lead to later misunderstandings. A meeting with City staff will be included at this stage of the project. The project description narrative will include the project location, potential interactions with nearby projects, the relationship of the project to local and regional plans, and a list of the agencies required to act on the application and the anticipated sequence of approvals. ERVIRONHENTAL ANALYSIS The following tasks will evaluate the environmental impacts anticipated to result from the proposed development. Environmental issues will be addressed under the following headings: existing conditions including pertinent City policies and codes, specific environmental impact, significance of impact, recommended mitigation measures, and level of significance after mitigation. Impacts will be qualitatively and quantitatively analyzed to the extent possible. Where it is possible to quantitatively measure impacts (e.g., average daily traffic, travel times, water consumption in gallons/day, etc.) factors approved by the City will be utilized. Issues to be analyzed in the EIR -49 - II . I I I ‘1 I I I are listed below. . Task 4: md Use. An analysis of the project with regards to the City's General Plan and Zoning Ordinance will be done to ascertain if in fact the proposed project is consistent with the City's policies and plan. surrounding This section will also discuss compatibility with uses including development in Encinitas; conformance with the Hillside Development Ordinance, Interim Open Space Ordinance, Trails Feasibility study and Local Facility Management Plan for Zone 11. Task 5: &cheoloqy : A previous EIR in the project area identified three sites for their importance to the study of regional prehistory. An updated archeological survey was conducted by Affinis in May, 1989. It does not appear that a resurvey is needed, as the previous work on the project appears to have satisfactorily covered the parcel. In accordance with CEQA (21083.2, Appendix K) and the City's environmental guidelines, the previous work does not appear to meet the required evaluation of the resources and impact analysis. Task 5 will include the testing for significance (including artifact content, midden dimensions, and research potential) and evaluation for potential impacts on the three previously recorded sites within the project site (W-48A, SDi-5075, and SDi-5076). Without completing the significance testing, the impact analysis would be made upon assumptions that are not substantiated. The (a) (b) (cl All testing program would include the following procedures: For all three sites, the surface artifact scatter would be mapped and recovered to provide a data base for the study of the sites and the delineation of site boundaries; For all three sites, a shovel test or core series would be conducted to generate a map defining the approximate boundaries of the subsurface deposits of the site (if they exist), and to define areas of high, moderate, and low potential within the individual midden deposits; For all three sites, a minimum of two to a maximum of five test units would be excavated to study in detail the content of the subsurface deposits. The test units will provide qualitative data necessary to define the research potential of the sites. of the artifacts recovered from the sites will be c: - II. I I I 1 1 1 i 1 1 1 I t t laboratory tested for analysis and cataloging. A minimum of one radiocarbon date will be processed for each site. The field and laboratory analyses will be incorporated into a technical report that will conclude with the significance and impact evaluations for each site, and proposed mitigation measures. This section of the EIR would include a summary of the technical report described above, as well as all recommended mitigations. Task 6: m This task will consist of evaluation of the previously prepared acoustical report by an acoustical engineering firm. The evaluation will determine the technical accuracy and adequacy of the report. As part of the evaluation, a short term measurement at the site Will be conducted and the FHWA noise prediction model will be utilized to assist in determining the accuracy of the findings. If the report is determined to be adequate and complete it will be used as the basis for the discussion in the EIR. If it is determined not to be complete and adequate MFPA will notify the City of the deficit in the existing report. The City will then have the option to amend the contract with MPPA to include preparation of whatever studies are necessary to make the existing acoustical report complete, or to require the applicant to provide the City and MFPA with an updated report in response to MFPAls request for additional information; Task 7: m A traffic study for the proposed project has been prepared by Weston Pringle C Associates, however it does not address the cumulative impacts of this project. This task will include review of the Weston Pringle h Associates study by JHK & Associates to ascertain that it is complete and adequate. Following that review, JHK & Associates will use that report in conjunction with other information as the basis for developing cumulative impacts for the project and adjacent properti;es. Cumulative impacts will focus primarily on the proposed project as well as two other recently approved residential developments that together could result in a significant traffic circulation impact in the project area. Particular attention will be given to the potential significant cumulative effects on Ranch0 Santa Fe Road north of the project site to Olivenhain and south through the City of Encinitas. JHK will development mitigation measures for the cumulative impacts and prepare a report documenting their findings. Included in Traffic section of the EIR will be a v L .’ . ICI- Y Y II I II I I 1 M II 1 1 1 II 8 Ir SUJlUBaX'y Of m's findings and the recommended mitigation measures. Task 8 Biology: This task will consist of an evaluation Of the previously prepared biological report by an independent Biologist. The evaluation Will determine the technical accuracy and adequacy of the report. As part of the evaluation a field reconnaissance of the study site will be done to determine the adequacy of the existing 'biological technical report prepared by AffiniS. The survey Will focus on the potential for sensitive species and habitats occurring in the project area. An assessment of the wetland delineation of the site will be ? made using the Unified Federal Method. The Biology Section of the EIR will address current site conditions, potential project impacts, and mitigation measures to offset these impact. Conceptual mitigation options will be recommended for impacts considered significant. Potential permit requirements by the Department of Fish and Game and the Army Corps of Engineers for encroachment into wetland areas will be discussed. This task will llpf include, Wetland delineation of the site -? using the Unified Federal Method, development of separate detailed revegetation or mitigation plans or assistance in the actual permitting process for encroachment into wetlands areas. Task 9: mouv and wtas Cre& Several studies have previously been prepared for the project site and surrounding area. The technical approach to the hydrologic impact assessment will address the issues using existing studies and computer models as much as possible. The HEC-1 and HEC-2 models generated by Rick Engineering and D. Howard Chang will be modified as required to represent detention alternatives and to assess the effect of the reduced discharges on the Encinitas Creek crossing at Ranch0 Santa Fe Road and at El Camino Real. The results and recommendations from these studies will be reviewed and, with the results from the analysis of additional alternatives, will be used to prepare a recommended system of detention basins and/or new culverts which are cost effective and have minimum impact on the watershed. For the watershed upstream of Ranch0 Santa Fe Road, the technical report will look at alternative locations and sized for new detention basins which will replace or operate in conjunction with the detention basins proposed by Rick Engineering and Dr. Chang. The existing HE&l model will be -7- modified to incorporate the detention alternatives and new peak discharges will be calculated. The impacts of the new flows on the crossings at Avenida Aragon, Ranch0 Santa Fe Road, and El Camino Real will be assessed using the existing HEC-2 models and independent hydraulic calculations -as required for the culverts. A recommended plan will be prepared which will minimize required changes to the existing road crossings and will reduce watershed and downstream impacts, such as the existing sediment in the culverts and creek at El Camino Real. The EIR section will include a summary of the technical report, a discussion of potential mitigations and a discussion of proposed project changes should they be necessary to accommodate retention on the site. Task 10: u A Soils Report has been prepared for the project site which indicates that portions of the site are underlain by expansive soils. This task will consist of evaluation of the previously prepared Soils Report by MFPA. The evaluation will determine the accuracy and adequacy of the report. If the report is determined to be adequate and complete it will be used as the basis for the discussion in the EIR. If it is determined not to be complete and adequate MFPA will notify the City of the deficit in the existing report. The City will then have the option to amend the contract with HFPA to include preparation of whatever studies are necessary to make the existing acoustical report complete, or to require the applicant to provide the City and MFPA with an updated report in response to MFPA's request for additional information. The EIR will summarize the technical report and discuss any potential impacts and recommended mitigations to reduce the impacts. Since the Soils Report indicates that portions of the site are underlain by expansive soils, a detailed discussion of associated soils impacts and mitigations will be included in this section of the EIR. Task 11: m The project site is adjacent to an open space area and Ranch0 Santa Fe Road, a major thoroughfare in the City. A photographic presentation will be included in this section to show existing conditions and areas of potential problems with particular emphasis on views of the proposed development from the open space area and from Ranch0 Santa Fe Road. Consistency of the appearance of the project buildings with the character of the existing development and with the goals and policies of the General Plan will be studied. w. b . . I * I 1 3 8 8 8 I u 8 1 I 1 1 1 L L c - - Task 12: &jr Qualitv This section of the EIR will discuss City air quality policies and codes as well as regional performance standards for air quality. A discussion of the potential impact of the proposed project on air quality and recommended mitigation measures will be included. l Task 13: nlitv The impact of any grading for the project to the water quality of nearby Batiguitos Lagoon and the Pacific Ocean due to siltation will be addressed. In addition, the potential impact of surface drainage from the development on both the lagoon and the ocean will be studied as will the potential impact of urban pollutant runoff from the street system. This section will further discuss erosion control, as analyzed in the soils section, to assess its effectiveness to mitigate potential impacts to water quality and will recommend mitigations to reduce any potential impact from urban pollutant runoff. Task 14: Cumulativa The cumulative effects of the proposed project and other related projects in the area will be evaluated. A compilation of other projects currently under development, or planned in the near future will be obtained from the City and County. The cumulative environmental impacts of all the related projects will be discussed in the report. Task 15: steaativga State and City CEQA guidelines require that the EIR include an examination of alternatives to the project. Alternatives anticipated to be evaluated include: a. The "No ProjecV alternative will examine the effects of continuing the present use of the site. b. A "Standard Subdivision" alternative will analyze the effects of developing the site with standard lots and less open space. c. A *Mitigationsn alternative will analyze the effects of developing the site with incorporation of all mitigations including preservation of archeological sites and partial retention of a loo-year flood within the project site. Task 16: Lrpna Teq The long-term effects of the project will be evaluated and -9- c I 1. 1 I I I I I I I I 1 i I I i - A discussed under the following headings: a. The relationship between short-term uses of the site and the maintenance and enhancement of productivity. long-term b. Any significant irreversible environmental changes which would be involved if the proposed project is approved. These changes include the use of non-renewable resources and the commitment of the site to a long-term use. The proponent's statement of justification regarding the project's appropriateness at this time, including the benefits that may accrue and what needs are met by the project will be included in this section. Task 17: Mitigation Monitori,Bg Mitigation measures recommended to be incorporated into the project design will be consolidated in a mitigation monitoring and reporting program section. Task 18: Screen Draft m The Screen Draft EIR will be submitted to the City's Environmental Review Coordinator within eight weeks from entering into an agreement with the City provided all of the technical reports are found to be complete-and adequate. will revise the report promptly after our receipt of the comments. MFPA staff Task 19: wt m A draft EIR which incorporates staff's recommendations and revisions will be submitted within ten weeks from entering an agreement with the City. MFPA will print the required fifty copies, (including one reproducible copy) with 25 of those copies in 3-ring loose leaf binders, for distribution by the city. PHASE B: FINAL EIR Task 20: me to CwntR and Responses to written comments received by the City during the public review period will be prepared by MFPA. MFPA will submit the responses to comments and if necessary, the revised EIR, to the staff for review and revisions. The responses will be included in the EIR document as a separate section and any appropriate revisions made to the Draft EIR. If extensive comments are received (i.e., more than eight -lO- ICI - , u . J 3 u I I I I 1 I I c 1 t / 1 I 1 1 letters) an additional work authorization may be requested. MFPA will prepare the Final EIR which will consist of the Draft EIR, comments received during the public review period and the responses to those comments. PHASE C: PUBLIC HEARINGS AND FINDINGS . Task 21: public Hearlnag MFPA's Principal and/or Project Manager will attend the following meetings: it: Two Planning Commission hearings on the Draft EIR; and Two City Council presentations of the final EIR and CEQA findings where applicable. Additional meetings will be billed on a time and material basis. As part of the preparation for the public hearings, MFPA will prepare the Draft Findings, as required by CEQA, for consideration by the Decision Making Body. VI. SCHEDULE The following is a tentative time schedule for completion of the EIR. A time schedule will be agreed upon with the City during contract negotiations. It is anticipated that the first screen draft of the Draft EIR will be submitted to City staff eight (8) weeks after the authorization to proceed, provided all of the technical reports are found to be complete and adequate. The Draft EIR will be submitted back to City staff ready for public review within ten weeks after the authorization to proceed. Responses to comments on the Draft EIR will be completed for City review within ten (10) working days following the close of the public review. Following City approval of the Responses, the Final EIR will be transmitted to the City within one (1) week. VII. COSTS The fee for preparing the EIR is detailed below. The fee is based on the assumptions stated in the work program. The costs would be adjusted during contract negotiations as the scope of work is refined by the City and consultant. -ll- I VIII.PERSONNEL M. F. Ponseggi & Associates (MFPA) will, be a primae consultant for the preparation of the EIR. Marilyn R. F. Ponseggi, principal of the MFPA will be Project Manager and the senior environmental analyst on the consulting team. MFPA will be the lead consultant in the team and will responsible for the preparation of the EIR document and integrating the technical reports of the subconsultants. A. D. Hinshaw will assist in preparing portions of the EIR. Mr. Mark Tegio of ADBA will assist in preparing technical analysis such as Air Quality and Ms. Sherry Price of ADHA will prepare graphics for the EIR. IX. TECHNICAL SUBCONSULTANTS Illingworth and Rodkin, Inc. will be the acoustical engineers reviewing the noise study. Sweetwater Environmental Biologist will be the biologists reviewing the biology study. JBE & Associates will prepare the traffic studies, Dudek and Associates will prepare the Hydrology Study and Brian F. Smith Associates will perform the testing to establish the level of significance and prepare the revised archaeological technical report. Information on M. F. Ponseggi & Associates, A.D. Hinshaw Associates and, the subconsultants are included in the appendix. x. STATEMENT OF OFFER Our proposal is based on information currently available to us and the proposal is valid for a period of 60 days. Should the requirements of the City's RFP change or new data become available during that period, we reserve the right to revise our proposal accordingly. Marilyn R. F. Ponseggi has the authority to bind the firm of M. F. Ponseggi 6i Associates. All work will be performed for a fixed contract price mutually agreed to during contract negotiations. -120 I A . _ - $I.- COSTS A - EXHIBIT “C” The following cost echedule presents the costs associated with each work task. . WASTER FILE Page 1 ------------------------------------------------------------------------------- Task Work Proj Sen Aeet word Total % of I: Taek Prin Mgr Plnr Plnr Plnr Grap Proc Cost cost cost 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Proj.Init. 18 10 0 0 0 0 Proj.Mgmt. 34 20 0 0 0 0 Proj. Desc. 2 10 0 12 0 8 Land Use 2 10 0 20 0 4 Archaeology 1 5 0 6 0 0 Noiee 1 4 0 6 0 4 Traffic 2 10 0 16 0 4 Biology 1 8 0 0 0 4 Hydrology 1 8 2 12 0 4 Soils 1 5 2 0 10 4 Aesthetics 1 6 0 0 12 16 Air Quality 1 4 10 0 0 0 Water Qualit 2 4 8 0 0 4 Cumulative 1 4 6 0 0 0 Alternatives 2 14 12 0 0 4 Long-Term 0 1 4 0 0 0 Monitoring 0 3 0 6 0 0 Screen Draft 8 14 8 8 0 4 Draft EIR 2 4 0 8 0 0 Final EIR 6 8 8 0 0 0 Hearings 32 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $1950.00 3% 4 $3862.00 6% 4 $1682.00 3% 4 $1902.00 3% 4 $757.00 1% 2 $781.00 1% 4 $1722.00 3% 4 $807.00 1% 4 $1457.00 2% 4 $1137.00 2% 4 81587.00 2% 4 $977.00 1% 2 $1026.00 2% 2 8701.00 1% 4 $1902.00 3% 1 $308.00 0% 2 $506.00 1% 12 $2716.00 4% 8 $974.00 1% 4 $1482.00 (1) 2% 0 $2400.00 4% 0 $0.00 0% 0 $0.00 0% 0 $0.00 0% 0 $0.00 0% --------------------------------------------- -m--m TOTAL 118 152 60 94 22 60 77 $30636.00 46% % of Hrs. 20% 26% 10% 16% 4% 10% 13% 100% TECHNICAL REVIEWS --------------------------------------------------------- Cultural Resource8 Testing/Analysis 613599.00 20% Acoustics Report Review $575.00 1% Traffic Rpt. Review/Cumulative Analysis $9200.00 14% Biological Rpt. Review/Field Verification $3680.00 5% Hydrologic Study $6647.00 10% --------------------------------------------------------- -s--m Subtotal $33701.00 50% REIMBURSABLE ITEMS (2) --------------_------------------------------------------ Telephone $25.00 0% Poetage/Hessenger $150.00 0% Printing EIR 110 copies $20 ea. 82200.00 3% Technical Supplies/Reproduction Services $250.00 0% Travel $300.00 0% --------------------------------------------------------- ----- File cr\proqube\qubedata\CT85-10 Subtotal $2925.00 4% ------------ TOTAL COSTS $67262.00 100% (1) If extensive comnents are received (i.e., more than eight letters) an additional work authorization may be requested. (2) Reimbursables items will be invoiced at cost plus 15 percent. . L AGREEMENT THIS AGREEMENT is made this 28th day of February, 1991, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and DANIEL SHELLEY hereinafter referred to as APPLICANT. RECITALS WHEREAS, the APPLICANT has filed with the CITY a request for approval of a proposed project identified as SHELLEY CARLSBAD requiring an Environmental Impact Report: and WHEREAS, CITY has determined that its current staff is inadequate in number to process the proposed Environmental Impact Report in a timely and thorough manner; and WHEREAS, APPLICANT in order to ensure the expeditious processing of said Environmental Impact Report CITY the amount necessary to hire a CONSULTANT. NOW, THEREFORE, in consideration of conditions, it is agreed as follows: 1. The CITY will engage the firm of desires to pay to the covenants and M.F. PONSEGGI AND ASSOCIATES hereinafter referred to as tlCONSULTANTIV to perform the necessary work in the processing and monitoring of the Environmental Impact Report for that area more particularly depicted upon a site map attached as Attachment *'A" and made a part of this agreement. ATTACHMENT #2 2. It is understood that the CONSULTANT services shall conform to the Proposal attached as Attachment "B1@ 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. 3. It is understood that the CITY will direct the CONSULTANT to complete a draft and final Environmental Impact Report at the earliest feasible time. The CITY will advise the APPLICANT in writing of any impacts which may render the proposed project unfeasible within a reasonable time after CITY has received the CONSULTANT's conclusions in writing. 4. The APPLICANT shall pay to the CITY the actual cost of the CONSULTANT's services. Such cost shall be based on the costs set forth in Exhibit "Bt8. The APPLICANT has advanced the sum of $67,262.00 as payment on account for the actual cost of the CONSULTANT8s 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 -2- - amount deposited and the new estimated cost. CITY will ensure, to the extent feasible, that no further work will be performed by the CONSULTANT incurring an obligation beyond the amount advanced without an appropriate amendment to this Agreement. If the actual cost of preparing the report is less than the APPLICANTIS advance, any surplus will be refunded to APPLICANT by CITY. 5. It is understood that the CONSULTANT shall be an independent contractor of the CITY. The APPLICANT agrees to permit the CONSULTANT to enter upon his property and to perform all work thereon as the CONSULTANT deems necessary to complete the Environmental Impact Report. It is agreed that the APPLICANT will not interfere with the CONSULTANT in the performance of such work or attempt to influence such CONSULTANT during the course of his investigation and report. 6. It is understood that the CITY will attempt to bring the Environmental Impact Report to Planning Commission and City Council as soon as possible, barring no delays from the APPLICANT. -3- t .* l * . . CALIFORNIA IFah/ “’ > . F . l . a.* WC-A/ .7L i-79/ before me, the undersigned, a Notary Public in and for said nally appeared &au/ &..L 7I- Lz+Ex: . ,/c-E L/ personally known to me (or proved to me on the basis of satisfactory evidence) erson - whose name subscribed I instrument and acknowledged that : same. nv hand and official seal. oFFY;ul SE11 MARY C. DALBEY NoTbflY R)tUlC . W.IFORHU PW4ClPM OFFKZ IN SAN DIEGO COUNTY ..^ -. Name (Typed or Printed) mr vu la Orad llcai., url, I ’ --.--.. - . __ .._- . . - h c IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSBAD, a Municipal Corporation of the State JW APPLICANT: ATTEST: ALETHA L. RAU'TENKRANZ, City Cler$ APPROVED AS TO FORM: City Attorney v . -4- h / EXHIBIT “A” / / # / ‘I ?tk- ( -- 1 OliVehhain f415 ‘2 Road c!!lnlLl4U& ll -Y~ULiJIEfmu .u Location Map