Loading...
HomeMy WebLinkAbout1995-04-18; City Council; 13107; Carlsbad Ranch Specific Plan Amendment3 Cl- OF CARLSBAD - AGEWA BILL $qZ? ENVIRONMENTAL IMPACT REPORT FOR THE CARLSBAD I RECOMMENDED ACTION: SP”Af77 ADOPT Resolution No. 95-98 , APPROVING an agreement with the consulting firm of Cotton/Beland/Associates, Inc. to prepare an Environmental Impact Report for the Carlsbad Ranch Specific Plan Amendment - EIR 94-01, and APPROVING an agreement with the Carltas Company to provide funding for the Environmental Impact Report. As a part of the review of the proposed Carlsbad Ranch Specific Plan Amendment and related applications, staff has determined that an Environmental Impact Report (EIR) should be prepared. Staff has informed the project proponent, the Carltas Company, of this determination. An agreement to this effect is attached. Requests for proposals were sent to seven consulting firms, four of which responded. The bids for the preparation of the EIR ranged from $76435.00 to $205271.00. 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 consultants for addressing each of the potential impacts to be analyzed. After reviewing all proposals, staff recommends that Cotton/Beland/Associates, Inc., at a cost of $76,435.00 in addition to a budget contingency of $15,250.00 for a total agreement amount of $91685.00, 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 consultant and their subcontractors indicated a knowledge of methodology and experience necessary for the project. The principal environmental consultant as well as many of the subcontractors 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 Cotton/Beland/Associates, Inc. for the preparation of the Carlsbad Ranch Specific Plan Amendment EIR. The estimated cost for the proposed work is not to exceed $91,685.00. FISCAL IMPACT The project proponent, the Carltas Company, is responsible for the provision of the funding for the EIR. Funds have been deposited with the City in a trust account. 1. City Council Resolution No. 4 S- 9& 2. Exhibit ‘A” (Location Map) 3. Exhibit “B” (Agreement w/Cotton/Beland/Associates, Inc.) 4. Exhibit “c” (Agreement w/Carltas Company) 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 '17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9 5 - 9 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AGREEMENTS BETWEEN THE CITY OF CARLSBAD AND CO’ITON/BELAND/ASSOCLATES, INC. AND THE CITY OF CARLSBAD AND THE CARLTAS COMPANY TO PREPARE AN ENVIRONMENTAL IMPACI’ REPORT FOR THE CARLSBAD RANCH SPECIFIC PLAN AMENDMENT. EIR 94-01 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That certain agreements between the City of Carlsbad and CottonjBeland/Associates, Inc. and the City of Carlsbad and the Carltas Company for consulting services to prepare an Environmental Impact Report for the Carlsbad Ranch Specific Plan Amendment (SP 207 (A)), 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 authorized 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 Carl&ad, California, on the 18th day of APRIL ) 1995. AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None AITEST: ALETHA L. RAUTENKRANZ, City C&k (Seal) EXHIBIT “A” LOCATION MAP PALOMAR AIRPORT RD I I CARLSBAD RANCH.SPEClFlC PLAN AMENDMENT EIR 94-01 /GPA 94-03/LCPA SP 207(A)/SP 144(G)/LFMP 94-03/zc 94-021 87-13(B)/ AP 76-01 (D)/CT 94-09/PUD 94-07 / HDP 94-07/DEVELOPMENT AGREEMENT 94-01 3 - AGREEMENT WITH CONSULTANT FOR THE PREPARATION EXHIBIT’ “B” OF AN ENVIRONMENTAL IMPACT REPORT THIS AGREEMENT, made this 21st day of APRIL , 1995, between the Cl-l?’ OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “CITY”, and COTTON/BELAND/ASSOCIATES, INC. hereinafter referred to as “CONSULTANT’. RECITALS WHEREAS, the CITY has entered into an agreement with CARLTAS COMPANY hereinafter called applicant, wherein the CITY agrees to prepare an Environmental Impact Report (EIR) for the proposed project identified as the Carisbad Ranch Specific Plan Amendment which is located north of Palomar Airnort Road, south of Cannon Road except for a 23 acre area immediately adiacent to the north side of Cannon Road, east of Paseo Del Norte and Car Country Drive, and west of future Hidden Valley Road, and more precisely shown on the plat marked Attachment I, 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: REV. 8/31/!34 I. 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 GIN in Title I9 of the Carlsbad Municipal Code and its implementing resolutions. In car-tying out this obligation the CONSULTANT’S duties shall include the following: (4 The CONSULTANT shall, consistent with the Work Program contained in Attachment 2, (I) make all necessary and required field explorations, reviews and tests: (2) make all necessary and required laboratory tests and analyses; (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 ten 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. (b) CONSULTANT shall prepare a d&t 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 CIFf ordinances. The CONSULTANT shall submit to CITY fifty copies (25 in 3-ring binden and 25 cornbound) plus a reproducible 2 REV. 8/3 l/94 2. master of the draft Environmental Impact Report and one disk copy to the CITY. cc> CONSULTANT shall attempt to determine as soon as possible in the study of the area involved, those factors which could severely inhibit or prohibit the proposed project. If it appears that such factors are present, CONSULTANT 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. (4 CONSULTANT shall prepare and file with the CITY written responses to all com- ments 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 Environ- mental Impact Report. DUTIES OF THE CITY (a> (W cc> w The CITY will make payment to the CONSULTANT as provided for in this agreement. The CITY will make available to the CONSULTANT any documents, studies, or other information in its possession related to the proposed project. The CITY will review the Preliminary Report presented by the CONSULTANT within twenty-one working days of their receipt and make written comments to the CONSULTANT within that time period. The CITY shall provide the CONSULTANT with copies of all written comments 3 REV. 8/3 l/W ‘t . 3. 4. 5. 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. 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 the event of termination, all finished or unfinished documents and other materials prepared pursuant to this agreement shall become its property. Upon termination for reasons other than breach of this agreement CITY shall pay CONSULTANT the reasonable value of the services completed to the date of notice of determination. 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 prior written approval of the CITY. OWNERSHIP. PUBLICATION. REPRODUCTION AND USE OF ENVIRONMENTAL 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, i,n whole or in part, any reports, data, or other materials prepared under this agreement. The CONSULTANT agrees that all copyrights which arise from creation of the work 4 REV. 8/31/94 pursuant to this contract shall be vested in CITY and hereby agrees to relinquish all claims to such copyrights in favor of CITY. 6. 7. PAYMENT The CONSULTANT will be paid a maximum of $9 I ,685.OO 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 invoice, for 60 percent of the compensable services for the completion of the screen check draft Environmental Impact Report in accordance with Paragraph I ‘above. The CONSULTANT will be paid up to an additional 30 percent upon acceptance by the CITY of the response to comments from the CONSULTANT, the final 10 percent will be paid, not to exceed the maximum amount provided in its agreement, within 30 days after receipt of invoice, to be submitted after the certification of the Environmental Impact Report by the City Council. . .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 ten copies of the Preliminary Environmental Impact Report within eight 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 5 REV. 8/ 3 I /94 x - of the Preliminary Environmental Impact Report. 8. LIMITS OF THE OBLIGATION The limits of the obligation of the CITY under this agreement is the sum of $ 9 I ,685.OO 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 s&d sum may not be sufficient, he shall immediately 9. so notify the Planning Director. He will not perform any work or incur any obligation beyond said sum of $ 9 I,68500 without appropriate amendment to this agreement. COVENANTS AGAINST CONTINGENT FEES The CONSULTANT wanxnts that their firm has not employed or retained any company or person, other than a bona fide empioyee 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 resulting from, the award or maldng of this Agreement. For breach or violation of this wananty, 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. I 0. NONDISCRIMINATION CLAUSE The CONSULTANT shall comply with the state and federal laws regarding nondiscrimination. REV. 8/31/94 I I. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the CONSULTANT or the CITY Planning Director. 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 Planning Director or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (I 0) 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 seeldng remedies available to them at law. 12. 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. 7 REV. 8/31/94 After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the CITY and approved by the CITY according to the procedures described in Carisbad Municipal Code Section 3.28.172. 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 CONSULTANT’S fkm 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 provided such changes are processed according to the procedures in this paragraph. 13. HOLD HARMLESS AGREEMENT The GIN, 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 employees against any of the foregoing claims, liabilities, penalties or fines, and any cost, expense or attorney’s fees which are incurred by the CITY on account of any of the foregoing. 14. INSURANCE The CONSULTANT shall obtain and maintain policies of general liability insurance, automobile liability insurance, and a combined policy of worker’s compensation and 8 REV. 8/31/94 employer’s liability insurance from an insurance company admitted and authorized to do business in the State of California which meets the requirements of City Council Resolution No. 9 I-403 in an insurable amount of not less than one million dollars ($ I ,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 GIN sent be certified mail. 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 15. 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 CD’. 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 persons used by the CONSULTANT to provide services underthis agreement shall not be considered employees of the GIN for any purposes whatsoever. 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 or his/her employees or subcontractors. The CITY shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the CONSULTANT or his/her employees or subcontractors. on 9 REV. 8/31/94 - 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 I986 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. 16. ASSIGNMENT OF CONTRACT CONSULTANT shall not assign this contract or any part hereof or any monies due or to become due thereunder without prior written consent of the CITY. 17. 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 employee or contractual relationship between any subcontractor of CONSULTANT and the CITY. The CONSULTANT shall bind every subcontractor and every subcontractor of the 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. 10 REV. 813 l/94 18. PROHIBITED INTEREST No official of the CITY who is authotized in such capacity on behalf of the CITY to negotiate, make, accept or approve, or to take part 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 19. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent or employee or the CITY, either before, during or after the execution of this contract, shall affect or modify any ofthe terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the CONSULTANT to any additional payment whatsoever under the terms of this contract. 20. SUCCESSOR OR ASSIGNS Subject to the provision of Paragraph IO, “Hold Harmless Agreement”, all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 21. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 11 REV.8131194 22. CONFLICT OF INTEREST The CONSULTANT shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The CONSULTANT shall report investments or interests in all four categories. ..# 12 REV. 813 l/94 Executed by CONSULTANT this 7th day of March ,1995. CONSULTANT: Cotton/Beland/Associates (name of Consultant) CITY OF CARLSBAD, a municipa By: *e&&w (sign here) A-I-TEST: John E. Bridses (print name here) Principal, Cotton/Beland/Assoc. ALETHA L RAUTENKRANZ (title and organization of signatory) City Clerk Y-al-q< (Proper notarial acknowledgment of execution by CONSULTANT must be attached.) (President or vice-president and secretary or assistant secretary must sign for 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: RONALD R. BALL City Attorney BY n d fz. e-us& -City Attorney 4-t 9- 7 c. 13 REV. 8/31/94 I - CALIFORNIA ALL=PlJRPO% ACKNOWLEDGMENT State of C8d/FoR/V/A On /fi?.‘<~~ 7 /? ysbefore me, t-T]A. l&?hLq. /2/ I c’l/cAR;//)L/dL/c DATE NAME. TITLE OF OFFICER - E.G.. “JANE DOE, NOTARY PUBLIC personally appeared f7727HN L7 d!WW+3 , NAME(S) OF SIGNER(S) “.M 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 author,ized 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 offi * l+eal. 7, OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) d PARTNER(S) 0 LIMITED q GENERAL q ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTllY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 6236 Remmet Ave., P.O. Box 7164 l Canoga Park, CA 91309-7164 \1 h r4 LOCATION MAP ATTACHMENT 1 CARLSBAD RANCH SPEC’iFIC PLAN AMENDMENT. EIR 94-01 /GPA 94-03/LCPA 94-03/ZC 94-02/ SP 207(i)/SP 144(G)/LFMP 87-13(B)/ AP 76-01 (D)/CT 94-09/PUD 94-07/ HDP 9&07/DEVELOPMENT AGREEMENT 94-.Ol ’ h ATTACHMENT 2 Consulting Services for Program Environmental Impact Report for the Carlsbad Ranch Specific Plan Amendment City of Carlsbad Cotton/Beland/Associates, Inc. (ce) with Sweetwater Environmental Biologists Gallegos & Associates Ninyo & Moore SCS Engineers Daniel Boyle Engineering Scope of Services Objective Prodllcts Subtasks 1.1 Review Documents 7.2 inspect Project Area 1.3 Project Description Scope of Services and Schedule This section describes the specific tasks CBA proposes to perform and the schedule to be followed in preparing the Environmental Impact Report for the Carlsbad Ranch Specific Plan Amendment. Task objectives, work products and methods are described for each work task. Task 1. Project Description The purpose of this task is to familiarize the project team with the project area, and to prepare a project description based on the intensity of development to provide the foundation for the EIR. Product Day Draft Project Description Related Projects List f5 Final Project Description Notice of Preparation :1 CBA will review necessary information related to the project available from the City and other agencies and sources. These documents include the earlier Carlsbad Ranch Specific Plan Program. The draft Carlsbad Ranch Specific Plan Amendment, the Transportation Analysis for Local Facilities Management Plan (Zone 13), the draft Local Facilities Management Plan (Zone 13), the General Plan Master EIR, associated technical reports, mitigation monitoring and reporting programs, CEQA findings, and other related studies included in the City’s existing environmental database. CBA and other members of the environmental team will survey the project area and surrounding areas to identify local conditions of the natural cnvironmcnt, land USC, traffic and general environmental setting of the project. A detailed draft project description will be prepared and submitted for review by the City staff. This step is to ensure that the consultant team understands all aspects of the project before beginning detailed analyses. The project description narrative and maps will include the project location, potential interactions with ncarhy projects, rclatcd actions associated with the Specific I’lan, lhc rclalionsliip of the project to local and regional plans, and a list of the agencies required to act on the project proposal and the scqucncc of approv;~ls. Cify o Carlsbad f .4uac mcf~l 2 1 Carisbad Ranch Program EIR 3 0 - . The Project Description will also include the project objectives and a statement of benefits that may accrue and what needs are met by the project. The project objcctivcs and statement of justification will be prepared by the CBA after consultation with City staff. A final Project Description will be prepared which incorporates revisions based on City staff review of the draft. CBA will also prepare the Notice of Preparation (NOP). City staff will prepare an Initial Study and will be responsible for the distribution of the NOP to other public agencies and interested parties. CBA will assist the City in conducting two public scoping meetings to solicit comments from interested parties related to preparation of the EIR. 1.4 Related To identify cumulative impacts, related projects must be Projects defined early in the EIR process. CI3A will work with the City Meetings to prepare a draft list of related projects for review. CBA will also identify assumptions regarding regional growth forecasts and General Plan buildout, absorption rates, and other factors important in estimating cumulative impact for use in analysis of traffic and other impacts. Task 2. Screencheck Draft EIR Objective The purpose of this task is to prepare a complete screencheck draft EIR, mitigation monitoring and reporting program (MMRP), and technical appendices for review by City staff prior to publication. The document organization described is designed to meet the rcquircmcnts of CEQA and the CEQA guidelines for an EIR. The screencheck draft will include all text, tables and figures. Products Product Day Screencheck Draft ETR, MMRP, and Appendices 56 to City (10 copies) Subtasks CBA will contact appropriate agcncics and individuals as 2.1 Agency identified by the City regarding potential impacts of the project Contacts on those agencies and individuals, to obtain information for the Draft EIR. 2.2 Screencheck Draft EIR Section 1 The Introduction will summarize the legal role and purpose of lnlroduction the EIR in the development process, and the use, structure, and scope of the FIR. City o Carfsbad f -4lrac mertt 2 2 Carlsbad Ranch Program EIR a-\ Section 2 Executive Summary Section 3 Project Description Section 4 Environmental Setting Section 5 Environmental Impacts and Mitiga fion Measures Environmental Setting Threshold of Significance The Executive Summary will identify each significant effect of the project; areas of controversy including issues raised by agencies and the public; and issues to be resolved including the choice among alternatives and whether or how to mitigate significant effects. The Executive Summary will be formatted to clearly identify appropriate agency findings with regard to mitigation measures and significant effects of the project in each environmental issues area analyzed. (Exhibits: Project Maps, Project Description Table, Environmental Impacts and Mitigation Measures Table, and Comparison of Alternatives Table) The project description will include a description of the proposed project, project alternatives, and the “no project” alternative. The project description will include project maps locating and describing the proposed project and its characteristics, related plans, required discretionary actions, and a table and diagrams describing the alternatives considered in the HR. (Exhibits: Regional Setting Map, Project Location and Boundaries Map, Parcels Table, Comparison of Alternatives Table, others as appropriate) This section will briefly describe the regional and local environmental setting of the proposed project. A more detailed description of the environmental setting. will be included in the following section discussing project impacts and mitigation measures. This section will discuss the environmental setting, basis (or thresholds) for dctcrmining impact significance, significant environmental effects and unavoidable adverse impacts, mitigation measures for each of the project impacts, level of significance after mitigation (residual impact), and the MMRP relationship for organized in accordance with the CEQA Guidelines. Each environmental factor with potentially significant effects will be discussed in the following sections: This section will describe the environmental setting for this environmental factor, including the current state of the environment, and any applicable local or regional plans affecting the environmental factor. This section will describe the standards or criteria which act as the basis for determining whether or not a project impact is significant. CBA will work directly with City staff to develop thresholds based on existing City policy and standards, or other recognizcd impact standards. This section provides an important part of the evidence in the record that courts seek when dctcrmining whether or not an agency has properly found an cffcct to bc significant or not significant. City 0 Carl.t+ad / .4lfac 11mm1 2 3 Carlsbad Rancl; . Program EIR 3-~ Environmental Impacts Mitigation Measures for Significant Impacts Impact Significance After Mitigation 5.1 Agricultural Resources Project-level and cumulative impacts will be described in this section. Impacts will bc qualitatively and quantitatively analyzed to the extent possible. Where it is possible to quantitatively measure impacts (e.g., emergency service response times, water service availability, etc.), factors approved by the City will be utilized. Whcncver appropriate, the quantitative analysis will be based on the City standards with input regarding threshold standards from the affected service providers (i.e., school distracts, etc.). The discussion of mitigation measures will distinguish between mitigation measures included in the EIR, and other measures not included but which could reasonably be expected to reduce adverse impacts if included in the proposed project. Where several mitigation measures are available, the basis for selecting from among these measures will be discussed. The discussion of mitigation measures will provide the background for findings under Section 15001 (a) of the CEQA guidelines. Mitigation mcasurcs will IX discussed in sufficient detail to provide the basis for a mitigation monitoring and reporting. program. This section will provide conclusions regarding the significance of the environmental impact, at the project and cumulative levels, following the application of recommended mitigation measures. Mitigation may reduce significant environmental impacts to less than significant, or may reduce the impact while environmental effect remains significant. Environmental factors to bc analyzcd in the EIR are described below: ‘Because the majority of the Specific Plan area is presently utilized for agricultural purposes and approximately 330 acres is subject to a Williamson Act Land Conservation Contract, impacts associated with the conversion of land from agricultural to urban uses will be analyzed. Potential impacts to agricultural resources will be dcscribcd in terms of: a) land use compatibility between urban and agricultural activities; b) the feasibility of continued agricultural operations and viability where reject grading may affect otherwise suitable agricultural soils; c P the loss of agricultural lands as part of an agricultural preserve and as a resource under the Coastal Act; and d) earlier loss of agricultural land based on proposed conversion to urban use at an earlier date than expected under normal contract expiration timcframcs. Possible mitigation measures include the buffering of proposed urban uses adjacent to agricultural areas and payment of impact fees for removal of land from an agricultural preserve. Ciry o Carlsbad ! Auac wwrrl 2 4 Carlsbad Ranch Propaw EIR a-l’ 5.2Air Quality The proposed project is cxpectcd to result in an incremental increase in local and regional air pollution. Short-term and long-term impacts to air quality will result from project implementation. Impacts to air quality will be described in terms of: a) project emissions from vehicular and stationary sources; b) construction-related emissions; c) dust created by agricultural operations; and d) relation to existing state and federal standards, and regional air quality attainment plans. CBA will utilize the new air quality modelling program designed by SCAQMD -- Mobile Assessment for Air Quality Impacts (MAAQI) -- and other sprcadshccts developed by CBA which implement the methods of the SCAQMD CEQA handbook, to estimate vehicular and energy emissions. MAAQI is an air quality modelling program designed by SCAQMD to estimate vehicular and energy emissions. Vehicle trip, electricity and gas emissions will be projected. MAAQI will be used to estimate emissions after implementation of mitigation measures to address significant air quality impacts by selecting appropriate mobile and stationary source mitigation measures. 5.3 Archaeological The majority of the project site was surveyed for archaeological and Paleontological and paleontological rcsourccs in 1992. CBA will utilize the Resources services of Gallcgos & Associates (Gallegos) to ,prepare cultural resource information for inclusion in the EIR. Gallegos prepared the 1992 cultural resources report cited in the 1992 program EIR and meets the qualifications for cultural resource professionals required by City guidelines. Their work includes the completion of a literature review and record search, as well as a survey the additional land arca added to the earlier project site. The field survey includes the collection of surface artifacts and site mapping to identify location of surface artifacts and important landforms. Gallegos will also review the existing archaeological reports and the proposed land use plan to determine impacts to all documented cultural resources. The results of their efforts will be included in a report which meets City and State cultural resources guidelines. The survey and report by Gallegos does not presently include testing or a data recovery program. If resources encountered require testing, that work will be added to this scope of services and funded by the project budget contingency. A contingency cost estimate of $8,000 has been developed by Gallegos & Associates based on assumptions outlined in their fax transmittal of February 8, 1995 to CBA. CBA will rely upon a paleontological resources report prepared by PaIeoScrvices to describe potential impacts to such resources. PaIcoServices will rcvicw existing paleontological literature and records to determine the paleontological resource sensitivity of the area. A field survey will be Cily o Carlsbad I/ Aflac unclad 2 S Curlsbad Ramit Propam EIR 4 5.4 Biological Resources 5.5 Traffic/ Circulation 5.6 Hazardous Waste/Pesticide Residue 5.7 Lqnd Use Compa tibirity conducted to check the results of the literature and record searches. The report will summarize the paleontological resources sensitivity. of the project site. 13ccause the existence of such resources cannot be determined until grading activity commences, the mitigation for potential significant impacts will be addressed through a monitoring and collection program. Because most of the site has been previously graded for agricultural purposes, impacts to biological resources may be limited. CBA will utilize the services of Sweetwater Environmental Biologists (SEI3) to prepare an updated biological report. SE13 will review and verify the site’s existing biological study from 1992 and will survey those portions of the site not previously surveyed. Im acts to biological resources will be described in terms oT: a P sensitive plant and animal species present on site that may be affected by the project; and b) any new federal and state listings of endangered plant and animal species associated with the site. No repeated surveys or directed surveys for specific species, such as the California gnatcatcher or spring annuals are anticipated to be necessary. Mitigation measures will be recommended to reduce any significant impacts on biological resources present. Substantial traffic will be generated by the proposed project which will rely upon City streets and Interstate 5 for.access to and from the site. CBA will utilize the City-approved transportation analysis prepared for the project by Kaku Associates to this * of the EIR. Traffic/circulation?;;:% will bc ?ecstiFnbed in terms of: a) vehicular trips generated by the project which will utilize City roadway segments and intersections, and I-5 interchanges; b) parking demand and requirements for the LEG0 Family Park; and c) the use of the proposed roundabout at the intersection of Armada Drive/LEG0 Drive. Mitigation measures recommended in the Kaku report will be incorporated into the EIR to reduce idcntificd significant,impacts. Agricultural use of the site for almost 50 years has resulted in contamination of the soil through pesticide use and other petroleum-based products used in conjunction with agricultural production. CI3A will rely upon an update the 1989 report prepared by Leighton and Associates to address project impacts in terms of: a) existing contamination associated with organic compounds, herbicides, pesticides, and petroleum used on the site; and b) cleansing of contaminated soil necessary to allow proposed development on the property. Mitigation mcasurcs recommended by Leighton will included in the EIR to reduce identified significant impacts. The proposed project relies upon amendments to the General Plan, Local Coastal Plan, Local Facilities Management Plan, and approved Specific Plan, other discrctionaty permits, and City o Carisbad f Arfac IIWII~ 2 6 Curlsbad Ranch Ptngranz EIR J.-L, approval of a Development Agreement. The property is also affected by its proximity to the McClellan Palomar Airport and its associated Airport Land Use Plan policies regarding land use compatibility, noise sensitivity, and height limitations. Project impacts will be described in terms of: a) land use compatibility between the proposed development and adjacent agricultural sues; b) cancellation of the Land Conservation Contract; c) compatibility with the McClellan-Palomar Airport operations; and d) conformance with current City plans, policies and ordinances, including the General Plan, Mello II and Agua I-Iedionda Lagoon sections of the Local Coastal Program (including impacts on beaches), Airport Land Use Plan, Zoning Ordinance (Hillside Development, Non- Residential Planned Developments, Development Agreements, and Growth Management), Scenic Corridor Guidelines, Landscape Guidelines, Open Space/Conservation/Resource Management Plan, and Williamson Act Contract. In some instances, the proposed project relies upon changes to existing plans and politics, and the amendment of thcsc plans and policies to accommodate the project will be analyzed for significance. 5.8 Noise The project site is subject to aircraft and traffic noise, and traffic generated by the project will add incremental noise.,in the area. Construction activity will also constitute a source of temporary noise during development of the site. CBA will review the 1992 report prepared by Mcstre Greve and use FI-IWA modelling to quantify impacts associated with project-generated and area traffic. Noise projections contained within the Airport Land Use Plan will be relied upon to describe aircraft noise affecting the site. ‘Noise impacts associated with the project will be described in terms of: a) consistency with General Plan Noise Element policy and standards; b) City noise ordinance standards and requirements; and c) consistency with noise compatibility criteria from the Airport I,and Use Plan. Mitigation for impacts will focus on design and construction techniques which can reduce noise impacts to proposed and surrounding land uses. 5.9 Public The Local Facilities Management Plans for Zones 3, 5, and 13 Services end must be amended to accommodate the project. Impacts of the Utilities proposed project on public services and facilities will be described in terms of: a) demands for water, reclaimed water, sewer treatment capacity, gas and electric service, schools, police protection and fire protection; b) the ability of agencies providing such services to respond to projected demand;’ and c) effect on City emergency response plans. Mitigation can be expected to include the provision of facilities and services to support proposed development according to project phasing and demand creation. City o Carlsbad / Aitac wwt 2 7 Carlsbad RawI1 Program EIR =\P 5.10 Solid Waste 5.11 visual Aesthetics/ Grading 5.12 Water Quality Section 6 Alternatives CBA will utilize the services of Daniel Boyle Engineering, Inc. to assist in the preparation of water usage estimates for the Specific Plan land uses, including the LEG0 Family Park. Solid waster generation and disposal impacts can be expected to result from implementation of the proposed project. Impacts related to solid waste generation and disposal will be described in terms of: a) the volume of solid waste generated; b) available methods of solid waster disposal and reduction; c) available landfill capacity; and d) requirements of AB 939 (Integrated Waste Management Act. Mitigation of any significant impact will be based upon waste generation reduction methods. CBA will rely upon SCS Engineers, a nationally recognized solid waste firm, to address specific concerns associated with the potential LEG0 Family Park waste generation. CBA will prepare a analysis of visual aesthetic and grading impacts using our firm’s 3-D computer modelling. Using site photos, grading plans, and any preliminary information about future structures, C13A will create computer images to illustrate views of the project from three vantage points to demonstrate impacts in terms of: a) landform changes resulting from grading of the site in phases; and b) future building masses on site following development. CBA will rely upon building mass information provided by the City or applicant to develop information needed for the computer image generation. Increased runoff from additional impervious surfaces, along with urban pollutants generated by the various land uses proposed will impact area water courses in the Agua Hedionda ‘and Canyon de las Encinas watersheds. CI3A will utilize the services of Ninyo ryC Moore to prcparc a water quality analysis which will provide the basis for this section of the EIR. Impacts to water quality will be described in terms oC: a) adequacy of the proposed storm water managcmcnt concept; b) on-site erosion potential, particularly for arcas to remain in agriculture; c) control of agricultural runoff produced on-site; and d) segregation of agricultural and urban runoff. Mitigation will generally be aimed at reducing runoff and implementing best management practices to reduce potential impacts. As described in the CEQA Guidelines, CI3A will prepare an EIR that describes a range of reasonable alternatives to the pro,jcct which can feasibly attain the basic objcctivcs of the project, while focusing on nltcrnativcs capahlc of eliminating any significant adverse cnvironmcntal effects or reducing them to a lcvcl of insignificance. CBA will examine up to three altcrnativcs, including the “no projccl” altcrnativc, in the I :lR. ‘I’hc spccil’ic dcscriplion of on- City o Carlsbad / Artac wwi~ 2 8 Carlsbad Ratrch Program EIR ?-? - Section 7 Analysis of Long-Term Hfects 7.1 Cumulative /mpacts 7.2 Growth inducing impacts 7.3 Significant Irreversible Environmental Changes 7.4 Unavoidable Significant Environmental Impacts 7.5 Areas of No Significant lmpnct and off-site alternatives will be based on discussion and agreement between the City and CI3A. (Exhibits: Table comparing environmental effects of alternatives, graphic exhibits of alternatives as appropriate) Among the project alternatives to be selected, C13A assumes the inclusion of one off-site alternative, and one on-site alternative focusing on changes in project design to reduce significant adverse environmental impacts. To allow decision makers to easily weigh the advantages and disadvantages of the alternatives compared to the proposed project, CBA will include a matrix comparing the relative impacts of each alternative and a narrative description of the environmental advantages and disadvantages of each alternative. Senate Bill 749 (Thompson) has deleted the requirement that an EIR must set forth the relationship between local short- term uses of the environment and long-term productivity. Therefore, long-term effects will be focused on cumulative impacts, growth-inducing impacts, irreversible environmental changes, unavoidable significant impacts, and areas of no significant impact. This section will identify the potential cumulative effects resulting from this project, and other known projects identified by City staff and other agencies. All cumulative effects will be discussed in this section to clearly separate the project effects from effects which are only significant when combined with effects of other projects. Other known projects include the development in Carlsbad and surrounding communities. The potential for the project to induce growth in nearby areas through the extension of urban services will be identified. Indirect and direct impacts of employment generated by the project will be estimated. Because the project involves amendment of a public agency plan, CEQA requires the document to include a discussion of significant irreversible environmental changes. This may include any uses of nonrenewable resources and devotion of land to uses which connect future generations, and irreversible damage from environmental accidents. Based on analysis provided in the EIR, areas of significant impact that cannot be reduced to a less than significant level will be identified. Arcas of no significant impact idcntil’iccl in the Initial Study I-ncparccl by City staff and the 1111~ will IX listed with ;I hricf justification t’or the finding. City o Curlsbad / Atfac mcrif 2 9 Carlsbad Ranch Program EIR 9 - Section 8 References Appendices Mitigation Monitoring and Reporting Program Objective Products Subtasks 3.1 city Review 3.2 Draft Revisions Objective This section will identify organizations, persons and documents consulted in preparation of the EIR. Firms and individuals involved in the preparation of the document will also be identified. The Appendices will include a copy of the NOP, Responses to Comments on the Draft EIR and Comment Letters, and the associated EIR technical reports. A separate Mitigation Monitoring and Reporting Program will be prepared with the Screencheck Draft, Draft and Final EIR and will include monitoring team qualifications, specific monitoring activities, a reporting system for evaluating the success of mitigation measures. Task 3. Draft EIR The purpose of this task is to prepare a Draft EIR, MMRP, and Appendices for distribution and public review. Product Day City Comments on Screencheck Draft EIR to CBA 77 Revised Screencheck Draft EIR, MMRP and Appendices to City (10 copies) Authorization from City to print draft documents ;: Notice of Completion, Public Review Draft EIR, MMRP, and Appendices to City for distribution 100 (50 copies and 1 reproducible master with 25 three-ring binders and 25 combound) The City will review the screencheck draft EIR and prepare revisions in the form of a marked-up copy of the document indicating all desired changes, corrections and areas for expansion, etc. CBA will prepare the Notice of Completion and forward to City for inclusion with distributed topics of the public review Draft EIR. CBA will incorporate City comments on the Screcncheck into a revised screencheck draft EIR for final City review. Upon completion of City review of the revised screencheck, the City will provide any final direction for changes and authorize CBA to print the public review draft documents. The public review Draft EIR will be printed and copies will be provided to the City for distribution to a list of City/CBA identified public agencies and parties. Task 4. Response to Comments, Final EIR The purpose of this task is to prcparc responses to comments by the public and public agencies on the Draft EIR, and City o Curlsbad f Altac itiietit 2 IO Crrrlsbad Ram31 Program EIR kq . - - PfodfJczs 4.1 Responses to Comments 4.2 Final EIR and MMRP 4.3 CEQA Findings and Statement of Overriding Considerations Objective Subtasks 5.1 Meetings complete the Final EIR incorporating changes in response to comments received. Product Day Draft EIR Comments to CBA 145 Screencheck Final EIR and MMRP to City (10 copies) 159 City comments on Screencheck Final EIR to CBA 173 Revised Screencheck Final EIR and MMRP to City (10 copies) 187 Authorization from City to print final documents 192 Final EIR, MMRP and Appendices to City for 197 distribution (50 copies, 1 reproducible master, and l’disk copy with 25 three-ring binders and 25 combound) CBA will prepare responses to comments received on the Draft EIR. Our project budget includes an allowance for responses to comments and modifications to the Draft EIR that is normally sufficient for projects that are not highly controversial. (80 hours total - see budget for actual assignment of hours by personnel.) If a large number of comments are received, or if comments raise new issues or require additional analysis not anticipated by the budget for preparation of the Draft EIR, this allowance is likely to be exceeded. Should this occur, costs for completion of responses are considered additional services. CBA will prepare a Final EIR including the following changes to the Draft EIR: Revised cover page Revised table of contents Revised text of EIR incorporating changes Comments received and responses to comments on the Draft EIR CBA will prepare draft Findings of Fact pursuant to CEQA Guidelines for significant environmental effects of the project, and a draft Statement of Overriding Considerations if required for City Council action. Task 5. Meetings/Hearings/Management The purpose of this task is to meet with City staff and to provide expert testimon r at meetings and public hearin s before the City Council up to 17 meetings will be attended . B CBA staff will meet up to 13 times with City staff and other City-identified parttes to initiate the project, conduct public scoping meetings, manage EIR preparation and resolve issues, review staff comments on screencheck draft documents and review. City o Carfsbad f Attac ~tnent .? 11 Carlsbad Ranch Program EIR 3’ - 5.2 Hearings The CBA Principal and Project Manager will provide presentations and expert testimony at up to four public hearings before the Planning Commission and City Council. 5.3 Project CBA will prepare and present biweekly progress summaries to Management City staff during preparation of the Draft 13IR. City o Carlsbad I’ Aftac vner~l 2 12 Carisbad Rarrcit Program EIR 3’ : . - Project CBA will maintain the following project schedule (in calendar Schedule days), subject to the timely provision of information and response to draft materials by the City: Day 1: Day 6: Day 14: Day 56: Day 77: Day 90 Day 95 Day 100 Day 145 Day 159 Day 173 Day 187 Day 192 Day 197 Contract Initiation Draft Project Description Related Projects List Final Project Description Notice of Preparation for City distribution Screencheck Draft EIR, MMRP and Appendices to City City comments on Screencheck Draft EIR to Cl3A Revised Scrcenchcck Draft EIR, MMRP and Appendices to City Authorization from City to print draft documents Notice of Completion, Public Rcvicw Draft EIR, MMRP, and Appendices to City for distribution Draft EIR Comments to CBA Screencheck Final EIR and MMRP to City City comments on Screencheck Final EIR to Cl3A Revised Screenchcck Final EIR and MMRP to City Authorization from City to print final documents Final FIR, MMRP and Appendices to City for distribution City o Carlsbad If Aftac mett~ 2 13 Carlsbad Ranch Program EIR ‘3> . Statement of Offer and Project Budget The project budget is our best estimate of the time and costs required to complete the Scope of Services and Schedule outlined. The budget on the following page represents CBA’s estimate of the labor and other costs required to complete the Scope of Services and Schedule outlined. The cost breakdown of the budget includes man-hours for CBA and its subconsultants by task. For all items described in the Scope of Services with the exception of changes in project description, unanticipated and unbudgeted effort in responding to Draft EIR comments, additional public meetings and document copies, and archaeological site testing services will be provided within the budget shown. For controversial projects or projects in which new issues are raised requiring technical analysis not anticipated in the scope of work, this estimate is likely to be exceeded. A budget addition of 20 percent of the total budget is included to provide for exceptions to the scope of work. This budget addition may only be used with prior written authorization from the City. Notwithstanding Paragraph 12 of the Agreement, the City’s Contract Administration is autharized to approve additional work (or related expenses) associated with the EIR not specifically described in this Scope of Services, so long as such additional work (or related expcnscs) do no cumulatively exceed $15,250 invoiced as set forth and at the rates set forth in this Attachment. This proposal is a firm offer by CBA to complete the Scope of Services outlined for the total budget amount. The total fee required for completion of the EIR is $76,435. Component costs are provided in the table on the following page. City o Carlsbad / AMJC vnunt 2 14 Carlsbad Ranch Program E IR 33 Carlsbad Ranch Specific Plan Amendment Budget CBA HomiyRatc:f901S60 60 60 S7 s CBA s75 57 %bCON. TOW %of Ptinc./ 1 Project 1 Tech/ 1 Word SEB GAPS NM SCS DB L&or JAmr Labor Total SUBTOTAL 161 I 41 I I I I I S7,13Ol I S7,J3Ol 9.3% TOTAL ALL TASKS 184 349 98 160) 93 56 99 66 58 547,020 525.665 1 S72.6851 95.1% ,I li ./ ,. ,:. .:I.. I Kof B. MISCELLANEOUS COSTS Total Totzl TclcpboncfTravcVPostage s4m 0.5% Scrc.crvDraA EIR md Appendicez (70) s1,225 1.6% Scrccn/DraA ElR Mitig~tioa Moniloring Report (70) s350 0.5% Response IO CotnmcnwFmal EIR md Appcttdicu (70) s1,225 1.6% Final EIR Mitigafion Monitoring Rcpot~ (70) s350 0.5?1 Other Azsociated Tccbnicrl Repotis s200 0.3)/u TOTAL MISCELLANEOUS COSTS s3.750 4.9~% I I I 1 %of C. COST SUMMARY TOW To(J1 TOTAL TASKS I- 5 COSTS S72.685 95.Isc TOTAL MISCELLANEOUS COSTS s3.750 4.9% TOTAL EIR COST S76.435 100.0% I Budget Addition* S15,250 20.0% Princip&in-ChargcIF’rojgJProjcft Manage-r - John E. Bridgea, AJCP/Ac&etic An&sis - P. Patrick Mam, AICP Projccl Pla~cr - Tii Gnibus SEB - Sweetwater Entinmctttal Biologists GA/I’S - CiPcgos & Aazocirtcl/PalcoSct+ca NM - Ninyo & Moon SCS - SCS Enginccn, Solid and Hazardous Wuto DIJ - Da&l IJoylc Engineering l Budget Addlllon may not be utlllzed without written l uthorlz8tion from the Clly of Clrlsbrd. E!! City of Curlsbad Attachment 2 15 Carlsbad Ranch Program EIR 39 EXHIBIT “C” AGREEMENT BETWEEN CITY AND APPLICANT FOR PAYh4ENT OF EIR CONSULTANT THIS AGREEMENT is made this 2 1st day of APRIL ,I 93, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and Carltas Comoanv hereinafter referred to as “APPLICANT”. RECITALS WHEREAS, the APPLICANT has filed with the CITY a request for approval of a proposed project identified as the Carlsbad Ranch Snecific Plan Amendment requiring an Environmental Impact Report; and WHEREAS, CITY has determined that its current staff is inadequate in number to process the Environmental Impact Report in a timely and thorough manner; and WHEREAS, APPLICANT in order to ensure the expeditious processing of said Environmental Impact Report desires to pay to CITY the amount necessary to hire a CONSULTANT. NOW, THEREFORE, in consideration of the covenants and conditions, it is agreed as follows: 1. The CITY will engage the firm of Cotton/Beland/Associates. Inc. hereinafter referred to as “CONSULTANT” to perform the necessary work in the processing and monitoring of the Environmental Impact Report for that area more particularly depicted upon a site map attached REV. 4/19/94 as Attachment “1” and made a part of this agreement. 2. It is understood that the CONSULTANT services shall conform to the Proposal attached as Attachment “2” and made a part of this agreement, 3. and may require: 4 Field exploration; W Weekly communication with the City staff; 4 Written reports; and 4 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 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 infeasible 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 Attachment “2”. The APPLICANT has advanced the sum of $ 91.685.00 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 4. REV. 4/19/94 5. 6. 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 APPLICANTS advance, any surplus will be refunded to APPLICANT by CITY. It is understood that the CONSULTANT shall be an independent contractor of the CITY and CITY shall not be liable for any negligent acts or omissions of the CONSULTANT. The APPLICANT agrees to permit the CONSULTANT to enter upon his property and to perform all work thereon as the CONSULTANT deems necessary to complete the Environmental Impact Report. It is agreed that the APPLICANT will not interfere with the CONSULTANT in the performance of such work or attempt to influence such CONSULTANT during the course of his investigation and report. It is understood that the CITY will attempt to bring the Environmental Impact Report to Planning Commission and City Council as soon as possible, barring no delays from the APPLICANT. REV. 4/19/94 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. Executed by APPLICANT this day of , 19 L APPLICANT: CITY OF CARLSBAD, a muni&$l (name of Applicant) -By: L&+$,& , Christopher C. Calkins ATTEST: (print name here) t (title and organization of signatory) ALETHA L. RA;TTENKRANZ City Clerk 4b2r-'P-( (Proper notarial acknowledgment of execution by APPLICANT must be attached,) (President or vice-president and secretary or assistant secretary must sign for 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: RONALD R. BALL City Attorney BY REV. 4/19/94 3% - CALIFORNIA ALL-PURPOSi ACKNOWLEDGMENT State of California County of San Diego On March 30, 1995 beforeme, Karen A. Phelps, Not;uy Public I DATE NAME. TITLE OF OFFICER - E.G., “JANE DOE. NOTARY PUBLIC’ personally appeared Christopher Cm Calkins----------------------------------- , NAME(S) OF SIGNER(S) Ifl personally known to me - ~ND/15f~~dQlWMB/~~/~~d/alV6&t~alk~~/BB~~~n(dB to be the person&q) whose namekg)@jgpp subscribed to the within instrument and ac- knowledged to me that @@pjI&@y executed the same in ~@&f&!~/!&‘-Mii/ authorized capacity(&q)~ and that by @$&~/j~,qi,,r, -- * Karen A. F%elps COMM.#l013Q25 6 signature&j on the instrument the persoirl(s(Y, or the entity upon behalf of which the norcnntich adnd nv,nrrItari tha inctrltmnnt bwunlnbrpJa5~ 1 ,-I,--y----u-- *. WITNF.SS m\~.hnnri ad nffirinl coal OPTIONAL ’ Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT q INDIVIDUAL &I CORPORATE OFFICER Agreement for paynsent of EIR Consultant President TITLE OR TYPE OF DOCUMENT TITLE(S) 0 PARTNER(S) cl LIMITED 0 GENERAL 0 Al-l-ORNEY-IN-FACT q TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: Four (4) plus attachments NUMBER OF PAGES Not dated at notarization DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITQIES) Carltas Management Ball, Rautenkranz, Mayor or City Mgr. SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7164 7,61 ATTACHMENT 1 LOCATION MAP \\ PALOMAR AIRPORT RD I I CARLSBAD RANCH SPECIFIC PLAN .AMENDMENT EIR 94-01 /GPA 94-03/LCPA 94003/ZC 94-021 SP 207(A)/SP 144(G)/LFMP 87-13(B)/ AP 76-01 (D)/CT 94-09/PUD 94-07/ HDP 94-07/DEVELOPMENT AGREEMENT 94-01 . ATTACHMENT 2 Consulting Services for Program Environmental Impact Report for the Carlsbad Ranch Specific Plan Amendment City of Carlsbad CottodBelandAssociates, Inc. (cm) with Sweetwater Environmental Biologists Gallegos & Associates Ninyo & Moore SCS Engineers Daniel Boyle Engineering scope of Services Object&e Prodocts Subtasks 1.1 Review Documents 1.2 Inspect Project Area 1.3 Project Description Scope of Services and Schedule This section describes the specific tasks CBA proposes to perform and the schedule to be followed in preparing the Environmental Impact Report for the Carlsbad Ranch Specific Plan Amendment. Task objectives, work products and methods are described for each work task. Task 1. Project Description The purpose of this task is to familiarize the project team with the project area, and to prepare a project description based on the intensity of development to provide the foundation for the EIR. Product Day Draft Project Description Related Projects List 2 Final Project Description 14 Notice of Preparation 14 CBA will review necessary information related to the project available from the City and other agencies and sources. These documents include the earlier Carlsbad Ranch Specific Plan Program. The draft Carlsbad Ranch Specific Plan Amendment, the Transportation Analysis for Local Facilities Management Plan (Zone 13), the draft Local Facilities Management Plan (Zone 13), the General Plan Master EIR, associated technical reports, mitigation monitoring and reporting programs, CEQA findings, and other related studies included in the City’s existing environmental database. CBA and other members of the environmental team will survey the project area and surrounding areas to identify local condrtions of the natural environment, land use, traffic and general environmental setting of the project. A detailed draft project description will be prepared and submitted for review by the City staff. This step is to ensure that the consultant team understands ail aspects of the project before beginning detailed analyses. The project description narrative and maps will include the project location, potential interactions with nearby projects, related actions associated with the Specific Plan, the relationship of the project to local and regional plans, and a list of the agencies required to act on the project proposal and the sequence of approvals. Ciry o Carisbad Arfac d mm 2 1 Carlsbad Ranch Program EIR 4% . 1.4 Related Projects Meetings Objective Products Subtasks 2.1 Agency Contacts 2.2 Screencheck Draft EIR Section 1 Introduction The Project Description will also include the project objectives and a statement of benefits that may accrue and what needs are met by the project. The project objectives and statement of justification will be prepared by the CBA after consultation with City staff. A final Project Description will be prepared which incorporates revisions based on City staff review of the draft. CBA will also prepare the Notice of Preparation (NOP). City staff will prepare an Initial Study and will be responsible for the distribution of the NOP to other public agencies and interested parties. CBA will assist the City in conducting two public scoping meetings to solicit comments from interested parties related to preparation of the EIR. To identify cumulative impacts, related projects must be defined early in the EIR process. CBA will work with the City to prepare a draft list of related projects for review. CBA will also identify assumptions regarding regional growth forecasts and General Plan buildout, absorption rates, and other factors important in estimating cumulative impact for use in analysis of traffic and other impacts. Task 2. Screencheck Draf’t EIR The purpose of this task is to prepare a complete screencheck draft EIR, mitigation monitoring and reporting program (MMRP), and technical appendices for review by City staff prior to publication. The document organization described is designed to meet the requirements of CEQA and the CEQA guidelines for an EIR. The screencheck dralt will include all text, tables and figures. Product Screencheck Draft EIR, MMRP, and Appendices to City (10 copies) Day 3 CBA will contact appropriate agencies and individuals as identified by the City regarding potential impacts of the project on those agencies and individuals, to obtain information for the Draft EIR. The Introduction will summarizc the legal role and purpose of the EIR in the devclopmcnt process, and the USC, structure, and scope of the EIR. City o Carisbad /’ Auac unenl 2 2 Carlsbad Ranch Program EIR 43 C . Section 2 Ekcutive Summary section 3 Project Description section 4 Environmental Settiig Section 5 Environmental /mpacts and Mitigation Measures Environmental Setting Threshold of Significance The Executive Summary will identify each significant effect of the project; areas of controversy including issues raised by agencies and the public; and issues to be resolved including the choice among alternatives and whether or how to mitigate significant effects. The Executive Summary will be formatted to clearly identify appropriate agency findings with regard to mitigation measures and significant effects of the project in each environmental issues area analyzed. (Exhibits: Project Maps, Project Description Table, Environmental Impacts and Mitigation Measures Table, and Comparison of Alternatives Table) The project description will include a description of the proposed project, project alternatives, and the “no project” alternative. The project description will include project maps locating and describing the proposed project and Its characteristics, related plans, required discretionary actions, and a table and diagrams describing the alternatives considered in the EIR. (Exhibits: Regional Setting Map, Project Location and Boundaries Map, Parcels Table, Comparison of Alternatives Table, others as appropriate) This section will briefly describe the regional and local environmental setting of the proposed project. A more detailed description of the environmental setting .will be included in the following section discussing project impacts and mitigation measures. This section will discuss the environmental setting, basis (or thresholds) for determining impact significance, significant environmental effects and unavoidable adverse impacts, mitigation measures for each OC the project impacts, level of significance after mitigation (residual impact), and the MMRP relationship for organized in accordance with the CEQA Guidelines. Each environmental factor with potentially significant effects will be discussed in the following sections: This section will describe the environmental setting for this environmental factor, including the current state of the environment, and any applicable local or regional plans affecting the environmental factor. This section will describe the standards or criteria which act as the basis for determining whether or not a project impact is significant. CBA will work directly with City staff to develop thresholds based on existing City policy and standards, or other recognized impact standards. This section provides an important part of the evidence in the record that courts seek when determining whether*or not an agency has properly found an effect to be significant or not significant. City o Carfsbad l Atlac mutt 2 3 Carlsbad Ranch Program ElR 4 C Environmental Impacts Mitigation Measures for Significant Impacts /mpact Significance After Mitigation 5.7 Agricultural Resources Project-level and cumulative impacts will be described in this section. Impacts will be qualitatively and quantitatively analyzed to the extent possible. Where it is possible to quantitatively measure impacts (e.g., emergency service response times, water service availability, etc.), factors approved by the City will be utilized. Whenever appropriate, the quantitative analysis will be based on the City standards with input regarding threshold standards from the affected service providers (i.e., school districts, etc.). The discussion of mitigation measures will distinguish between mitigation measures included in the EIR, and other measures not included but which could reasonably be expected to reduce adverse impacts if included in the proposed project. Where several mitigation measures are available, the basis for selecting from among these measures will be discussed. The discussion of mitigation measures will provide the background for findings under Section 15091 (a) ol the CEQA guidelines. Mitigation measures will be discussed in sufficient detail to provide the basis for a mitigation monitoring and reporting program. This section will provide conclusions regarding the significance of the environmental impact, at the project and cumulative levels, following the application of recommended mitigation measures. Mitigation may reduce significant environmental impacts to less than significant, or may reduce the impact while environmental effect remains significant. Environmental factors to be analyzed in the EIR are described below: Because the majority of the Specific Plan area is presently utilized for agricultural purposes and approximately 330 acres is subject to a Williamson Act Land Conservation Contract, impacts associated with the conversion of land from agricultural to urban uses will be analyzed. Potential impacts to agricultural resources will be described in terms ok a) land use compatibility between urban and agricultural activities; b) the feasibility of continued agricultural operations and viability where reject grading may affect otherwise suitable agricultural soils; c P the loss of agricultural lands as part of an agricultural preserve and as a resource under the Coastal Act; and d) earlier loss of agricultural land based on proposed conversion to urban use at an earlier date than expected under normal contract expiration timeframes. Possible mitigation measures include the- buffering of proposed urban uses adjacent to agricultural areas and payment of impact fees for removal of land from an agricultural preserve. Cily o Carlsbad f Aitac trnerrt 2 4 Carlsbad Ranch Program EIR 4 5.2 Air Quality 5.3 Archaeological and Paleontologkal Resources The proposed project is cxpectcd to result in an incremental increase in local and regional air pollution. Short-term and long-term impacts to air quality will result from project implementation. Impacts to air quality will be described in terms of: a) project emissions from vehicular and stationary sources; b) construction-related emissions; c) dust created by agricultural operations; and d) relation to existing state and federal standards, and regional air quality attainment plans. CBA will utilize the new air quality modelling program designed by SCAQMD -- Mobile Assessment for Air Quality Impacts (MAAQI) -- and other spreadsheets developed by CBA which implement the methods of the SCAQMD CEQA handbook, to estimate vehicular and energy emissions. MAAQI is an air quality modelling program designed by SCAQMD to estimate vehicular and energy emissions. Vehicle trip, electricity and gas emissions will be projected. MAAQI will be used to estimate emissions after implementation of mitigation measures to address significant air quality impacts by selecting appropriate mobile and stationary source mitigation measures. The majority of the project site was surveyed for archaeological and paleontological resources in 1992. CBA will utilize the services of Gallegos & Associates (Gallegos) to prepare cultural resource information for inclusion in the EIR. Gallegos prepared the 1992 cultural resources report cited in the 1992 program EIR and meets the qualifications for cultural resource professionals required by City guidelines. Their work includes the completion of a literature review and record search, as well as a survey the additional land area added to the earlier project site. The field survey includes the collection of surface artifacts and site mapping to identify location of surface artifacts and important landforms. Gallegos will also review the existing archaeological reports and the proposed land use plan to determine impacts to all documented cultural resources. The results of their efforts will be included in a report which meets City and State cultural resources guidelines. The survey and report by Gallegos does not presently include testing or a data recovery program. If resources encountered require testing, that work will be added to this scope of services and funded by the project budget contingency. A contingency cost estimate of $8,000 has been developed by Gallegos & Associates based on assumptions outlined in their fax transmittal of February 8, 1995 to CBA. CBA will rely upon a paleontological resources report prepared by PaleoScrvices to describe potential impacts to such resources. PaleoServices will review existing paleontological literature and records to determine the paleontological resource sensitivity of the area. A field survey will be City o Carfsbad f Attac lmenl 2 5 Carlsbad Ranch Program EIR 4b . 5.4 Siologicd Resources 5.5 Traffic/ Circulation 5.6 Hazardous Waste/pesticide Residue 5.7 fand Use Compadbirity conducted to check the results of the literature and record searches. The report will summarize the paleontological resources sensitivity of the project site. Because the existence of such resources cannot be determined until grading activity commences, the mitigation for potential significant impacts will be addressed through a monitoring and collection program. Because most of the site has been previously graded for agricultural purposes, impacts to biological resources may be limited. CBA will utilize the services of Sweetwater Environmental Biologists (SEB) to prepare an updated biological report. SE13 will review and verify the site’s existing biological study from 1992 and will survey those portions of the site not previously surveyed. Im acts to biological resources will be described in terms of: P a sensitive plant and animal species present on site that may be affected by the project; and b) any new federal and state listings of endangered plant and animal species associated with the site. No repeated surveys or directed surveys for specific species, such as the California gnatcatcher or spring annuals are anticipated to be necessary. Mitigation measures will be recommended to reduce any significant impacts on biological resources present. Substantial traffic will be generated by the proposed project which will rely upon City streets and Interstate 5 for.access to and from the site. CBA will utilize the City-approved transportation analysis prepared for the project by Kaku Associates to prepare this section of the EIR. Traffic/circulation impacts will be described in terms of: a) vehicular trips generated by the project which will utilize City roadway segments and intersections, and, I-5 interchanges; b) parking demand and requirements for the LEG0 Family Park; and c) the use of the proposed roundabout at the intersection of Armada Drive/LEG0 Drive. Mitigation measures recommended in the Kaku report will be incorporated into the EIR to reduce identified significant impacts. Agricultural use of the site for almost 50 years has resulted in contamination of the soil through pesticide use and other petroleum-based products used in conjunction with agricultural production. CBA will rely upon an update the 1989 report prepared by Leighton and Associates to address project impacts m terms of: a) existing contamination associated with organic compounds, herbicides, pesticides, and petroleum used on the site; and b) cleansing of contaminated soil necessary to allow proposed development on the property. Mitigation measures recommended by Leighton will included in the EIR to reduce identified significant impacts. The proposed project relies upon amendments to the General Plan, Local Coastal Plan, Local Facilities Management Plan, and approved Specific Plan, other discretionary permits, and Ciry o Carisbad I’ Alrac ment 2 6 Carlsbad Ranch Program EIR Q . - approval of a Development Agreement. The property is also affected by its proximity to the McClellan Palomar Airport and its associated Airport Land Use Plan policies regarding land use compatibility, noise sensitivity, and height limitations. Project impacts will be described in terms of: a) land use compatibility between the proposed development and adjacent agricultural sues; b) cancellation of the Land Conservation Contract; c) compatibility with the. McClellan-Palomar Airport operations; and d) conformance with current City plans, policies and ordinances, including the General Plan, Mello II and Agua Hedionda Lagoon sections of the Local Coastal Program (including impacts on beaches), Airport Land Use Plan, Zoning Ordinance (Hillside Development, Non- Residential Planned Developments, Development Agreements, and Growth Management), Scenic Corridor Guidelines, Landscape Guidelines, Open Space/Conservation/Resource Management Plan, and Williamson Act Contract. In some instances, the proposed project relies upon changes to existing plans and policies, and the amendment of these plans and policies to accommodate the project will be analyzed for significance. 5.8 Noise The project site is subject to aircraft and traffic noise, and traffic generated by the project will add incremental noise in the area. Construction activity will also constitute a source of temporary noise during development of the site. CBA will review the 1992 report prepared by Mestre Greve and use FHWA modelling to quantify impacts associated with project-generated and area traffic. Noise projections contained within the Airport Land Use Plan will be relied upon to describe aircraft noise affecting the site. ‘Noise impacts associated with the project will be described in terms of: a) consistency with General Plan Noise Element policy and standards; b) City noise ordinance standards and requirements; and c) consistency with noise compatibility. criteria from the Airport Land Use Plan. Mitigation for impacts will focus on design and construction techniques which can reduce noise impacts to proposed and surrounding land uses. 5.9 Public The Local Facilities Management Plans for Zones 3, 5, and 13 Services and must be amended to accommodate the project. Impacts of the Utilities proposed project on public services and facilities will be described in terms of: a) demands for water, reclaimed water, sewer treatment capacity, gas and electric service, schools, police protection and fire protection; b) the ability of agencies providing such services to respond to projected demand; and c) effect on City emergency response plans. Mitigation can be expected to include the provision of facilities and services to support proposed dcvelopmcnt according to project phasing and demand creation. City o Carl.sb&d I’ Allac ment 2 7 Carlsbad Ranch Program EIR 4% . 5.10 Solid Waste 5.11 visual Aesthetics/ Grading 5.72 Water Quality Section 6 Attefnatives CBA will utilize the services of Daniel Boyle Engineering, Inc. to assist in the preparation of water usage estimates for the Specific Plan land uses, including the LEG0 Family Park. Solid waster generation and disposal impacts can be expected to result from implementation of the proposed project. Impacts related to solid waste generation and disposal will be described in terms of: a) the volume of solid waste generated; b) available methods of solid waster disposal and reduction; c) available landfill capacity; and d) requirements of AB 939 (Integrated Waste Management Act. Mitigation of any significant impact will be based upon waste generation reduction methods. CBA will rely upon SCS Engineers, a nationally recognized solid waste firm, to address specific concerns associated with the potential LEG0 Family Park waste generation. CBA will prepare a analysis of visual aesthetic and grading impacts using our firm’s 3-D computer modelling. Using site photos, grading plans, and any preliminary information about future structures, CBA will create computer images to illustrate views of the project from three vantage points to demonstrate impacts in terms of: a) landform changes resulting from grading of the site in phases; and b) future building masses on site following development. CBA will rely upon building mass information provided by the City or applicant to develop information needed for the computer image generation. Increased runoff from additional impervious surfaces, along with urban pollutants generated by the various land uses proposed will impact area water courses in the Agua Iledionda and Canyon de las Encinas watersheds. CBA will utilize the services of Ninyo & Moore to prepare a water quality analysis which will provide the basis for this section of the EIR. Impacts to water quality will be described in terms of: a) adequacy of the proposed storm water management concept; b) on-site erosion potential, particularly for areas to remain in agriculture; c) control of agricultural runoff produced on-site; and d) segregation of agricultural and urban runoff. Mitigation will generally be aimed at reducing runoff and implementing best management practices to reduce potential impacts. As described in the CEQA Guidelines, CBA will prepare an EIR that describes a range of reasonable alternatives to the project which can feasibly attain the basic objectives of the project, while focusing on alternatives capable of eliminating any significant adverse environmental effects or reducing them to a level of insignificance. CBA will examine up to three alternatives, including the “no project” alternative, in the EIR. The specific description of on- City o Carlsbad / .4rrac imenl 2 8 Carisbad Ranch Program EIR e Section 7 Analysis of Long-Tern, Et7ects 7.1 Cumulative Impacts 7.2 Growth inducing Impacts 7.3 Significant Irreversible Environmental Changes 7.4 UnawidaWe Significant Environmental Impacts 7.5 Areas d No Signifkant Impact and off-site alternatives will be based on discussion and agreement between the City and CBA. (Exhibits: Table comparing environmental effects of alternatives, graphic exhibits of alternatives as appropriate) Among the project alternatives to be selected, CBA assumes the inclusion of one off-site alternative, and one on-site alternative focusing on changes in project design to reduce significant adverse environmental impacts. To allow decision makers to easily weigh the advantages and disadvantages of the alternatives compared to the proposed project, CBA will include a matrix comparing the relative Impacts of each alternative and a narrative description of the environmental advantages and disadvantages of each alternative. Senate Bill 749 (Thompson) has deleted the requirement that an EIR must set forth the relationship between local short- term uses of the environment and long-term productivity. Therefore, long-term effects will be focused on cumulative impacts, growth-inducing impacts, irreversible environmental changes, unavoidable significant impacts, and areas of no significant impact. This section will identify the potential cumulative effects resulting from this project, and other known projects identified by City staff and other agencies. All cumulative effects will be discussed in this section to clearly separate the project effects from effects which are only significant when combined with effects of other projects. Other known projects include the development in Carlsbad and surrounding communities. The potential for the project to induce growth in nearby areas through the extension of urban services will be identified. Indirect and direct impacts of employment generated by the project will be estimated. Because the project involves amendment of a public agency plan, CEQA requires the document to include a discussion of significant irreversible environmental changes. This may include any uses of nonrenewable resources and devotion of land to uses which connect future generations, and irreversible damage from environmental accidents. Based on analysis provided in the EIR, areas of significant impact that cannot be reduced to a less than significant level will be identified. Areas of no significant impact identified in the Initial Study prepared by City staff and the EIR will be listed with a brief justification for the finding. City o Carlsbad Altac /f meni 2 9 Carlsbad Ranch 0 Program EIR 5 Section8 References Appendices Mitigation Monitoring and Reporting Program Obiective Products Subtasks 3.1 city Review 3.2 Draft Revisions Objective This section will identify organizations, persons and documents consulted in preparation of the EIR. Firms and individuals involved in the preparation of the document will also be identified. The Appendices will include a copy of the NOP, Responses to Comments on the Draft EIR and Comment Letters, and the associated EIR technical reports. A separate Mitigation Monitoring and Reporting Program wili be prepared with the Screencheck Draft, Draft and Final EIR and will include monitoring team qualifications, specific monitoring activities, a reporting system for evaluating the success of mitigation measures. Task 3. Drawl EIR The purpose of this task is to prepare a Draft EIR, MMRP, and Appendices for distribution and public review. Product Day City Comments on Screencheck Draft EIR to CBA 77 Revised Screencheck Draft EIR, MMRP and Appendices to City (10 copies) Authorization from City to print draft documents 9950 Notice of Completion, Public Review Draft EIR, MMRP, and Appendices to City for distribution 100 (50 copies and 1 reproducible master with 25 three-ring binders and 25 combound) The City will review the screencheck draft EIR and prepare revisions in the form of a marked-up copy of the document indicating all desired changes, corrections and areas for expansion, etc. CBA will prepare the Notice of Completion and forward to City for inclusion with distributed copies of the public review Draft EIR. CBA will incorporate City comments on the Screencheck into a revised screencheck draft EIR for final City review. Upon completion of City review of the revised screencheck, the City will provide any final direction for changes and authorize CBA to print the public review draft documents. The public review Draft EIR will be printed and copies will be provided to the City for distribution to a list of City/CBA identified public agencies and parties. Task 4. Response to Comments, Final EIR The purpose of this task is to prepare responses to comments by the public and public agencies on the Draft EIR, and Ciry o Carlsbad Artac d ntenf 2 10 Carlsbad Ranch Program EIR 6’ C - 4.1 Responses to Comments 4.2 Find fIR and MMRP 4.3 CfUA Findings and statement of Ovedding Considerations Ol#?CdW Subtasks 5.1 Meetings complete the Final EIR incorporating changes in response to comments received. Product Day Draft EIR Comments to CBA 145 Screencheck Final EIR and MMRP to City (10 copies) City comments on Screencheck Final EIR to CBA i;z Revised Screencheck Final EIR and MMRP to City (10 copies) 187 Authorization from City to print final documents 192 Final EIR, MMRP and Appendices to City for 197 distribution (50 copies, 1 reproducible master, and 1 disk copy with 25 three-ring binders and 25 combound) CBA will prepare responses to comments received on the Draft EIR. Our project budget includes an allowance for responses to comments and modifications to the Draft EIR that is normally sufficient for projects that are not highly controversial. (80 hours total - see budget for actual assignment of hours by personnel.) If a large number of comments are received, or if comments raise new issues or require additional analysis not anticipated by the budget for preparation ol the Draft EIR, this allowance is likely to be exceeded. Should this occur, costs for completion of responses are considered additional services. CBA will prepare a Final EIR including the following changes to the Draft EIR: Revised cover page Revised table of contents Revised text of EIR incorporating changes Comments received and responses to comments on the Draft EIR CBA will prepare draft Findings of Fact pursuant to CEQA Guidelines for significant environmental effects of the project, and a draft Statement of Overriding Considerations if required for City Council action. Task 5. Meetings/Hearings/Management The purpose of this task is to meet with City staff and to provide expert testimon r at meetings and public hearin s before the City Council up to 17 meetings will be attended . B CBA staff will meet up to 13 times with City staff and other City-identified parties to initiate the project, conduct public scoping meetings, manage EIR preparation and resolve issues, review staff comments on screencheck draft documents and review. City o Carkbad f Attac tmenl 2 11 Carfibad Ranch Program EIR P - 5.2 HeafifJgs The CBA Principal and Project Manager will provide presentations and expert testimony at up to four public hearings before the Planning Commission and City Council. 5.3 Pfojed CBA will prepare and present biweekly progress summaries to Management City staff during preparation of the Draft EIR. City o Carlsbad Allac l nrenl 2 12 Carisbad Ranch Program EIR b5 . Project CBA will maintain the following project schedule (in calendar Schedule days), subject to the timely provision of information and response to draft materials by the City: Day 1: Day 6: Day 14: Day 56: Day 77: Day 90 Day 95 Day 100 Day 145 Day 159 Day 173 Day 187 Day 192 Day 197 Contract Initiation Draft Project Description Related Projects List Final Project Description Notice of Preparation for City distribution Screencheck Draft EIR, MMRP and Appendices to City City comments on Screencheck Draft EIR to CBA Revised Scrccnchcck Draft EIR, MMRP and Appendices to City Authorization from City to print draft documents Notice of Completion, Public Review Draft EIR, MMRP, and Appendices to City for distribution Draft EIR Comments to CBA Screencheck Final EIR and MMRP to City City comments on Screencheck Final EIR to CBA Revised Screencheck Final EIR and MMRP to City Authorization from City to print final documents Final EIR, MMRP and Appendices to City for distribution Ci&y o Carlsbad Arlac d rnent 2 13 Carlsbad Ranch Program EIR 6 Statement of Offer and Project Budget The project budget is our best estimate of the time and costs required to complete the Scope of Services and Schedule outlined. The budget on the following page represents CBA’s estimate of the labor and other costs required to complete the Scope of Services and Schedule outlined. The cost breakdown of the budget includes man-hours for CBA and its subconsultants by task. For all items described in the Scope of Services with the exception of changes in project description, unanticipated and unbudgeted effort in responding to Draft EIR comments, additional public meetings and document copies, and archaeological site testing services will be provided within the budget shown. For controversial projects or projects in which new issues are raised requiring technical analysis not anticipated in the scope of work, this estimate is likely to be exceeded. A budget addition of 20 percent of the total budget is included to provide for exceptions to the scope of work. This budget addition may only be used with prior written authorization from the City. Notwithstanding Paragraph 12 of the Agreement, the City’s Contract Administration is authorized to approve additional work (or related expenses) associated with the EIR not specifically described in this Scope of Services, so long as such additional work (or related expenses) do no cumulatively exceed $15,250 invoiced as set forth and at the rates set forth in this Attachment. This proposal is a firm offer by CBA to complete the Scope of Services outlined for the total budget amount. The total fee required for completion of the EIR is $76,435. Component costs are provided in the table on the following page. City o Carlsbad f Affac mertf 2 14 Carlsbad Rarlch Program EIR !3 Carlsbad Ranch Specific Plan Amendment Budget I 1 CBA Houn I Subumeulunt Hours b60 1 $40 1 S3J I 560 I stio 1 $75 1 $75 I $75 CBA subcone. Toul %of Hotuiy Rate: $90 ! SEB GAl?S NM scs DB A. CBA TASK I. 1 R&W Docum-cnu 1.2 Inspccr Project Ara 1.3 ProjcclDucription 1.4 Related Projecta I 2. I City Contacts 2.2 Scwnchcck Drti EIR SUBTOTAL 3.1 City Review I I I I 3.2DrtiRevisi~ 12 401 24 301 81 4 8 4 2 ss.490 51.770 57,260( 9.5% SI InTOTAL 12 401 24 30 1 01 4 I 4 2 55.490 51.770 ~7.2601 9.5% 4.0 Response lo Comments, FInal EIR I I I I 36 of B. MISCELLANEOUS COSTS TOt&l TOId Tclcphon~ravcWmtagc Scre&afi EIR and Aa~cndica 1701 I r400( 0.96 SL22Sl 1.6% . . . I Scn~R EIR Mitigation Monitoring Report (70) Rcrpnnnc IO CommcnWFial EIR and Appendica (70) Final EIH Miligjdon Monitonng Rcporl(70) Other Associated Technical Repota TOTAL MISCELLANEOUS COSTS I $350 0.59; 31.225 1.6% I s350 0.5% I 5200 0.3% S3,750 4.9% C. COST SUMMARY TOTAL TASKS I - 5 COSTS TOTAL hflSCELLANEOUS COSTS TOTAL EIR COST Budget Addition* % of Tot.4 ToLll 572.685 93.1% 53.750 4.9% S76,135 100.0% SlJ.2SO 20.0% Principd-inwc&ojea bianager - John E. Bridea. AICP~Aarhcric Arulyli - P. Pa&k ti AJCJ’ Projccc Planner - Tii Gnibu SEB - Swc~~~rlcr &n~ti Fliologisu MIPS - Grlkgm & AuociaacuPalcoSc&ca NM - Nhyo at Mwre SC-S - SCS Engineen, Solid and Hazardous Watt DB - Dank1 Boyk Engineering l Budget Addlllon may not be utlllzrd tithout tittcn l uthortutton from the Clty of Culsbad. (F! City of Carlsbad Attachment 2 IS Carlsbad Ranch Program EIR 3\ 4 April 24, 1995 Mr. John Bridges Cotton/Beland/Associates, Inc. 6310 Greenwich Drive, Suite 220 San Diego, CA 92122 Re: Preparation of EIR for Carlsbad Ranch Bpecific Plan The Carlsbad City Council, at its meeting of April 18, 1995, adopted Resolution No. 95-98, approving an agreement with Cotton/Beland/Associates, Inc. to prepare an EIR for the Carlsbad Ranch Specific Plan Amendment. In accordance with Section 22 of the agreement, you are required to file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad. Anyone in the company who is working on this city project must file Form 730, Statement of Economic Interests, and must report Disclosure Categories 1, 2, 3 and 4. Enclosed for your use in meeting the filing requirements is a Form 730 and Instructions, a copy of the Appendix to the Local Conflict of Interest Code, and a copy of the FPPC Fact Sheet regarding Gifts, Honoraria, and Travel. We will provide additional forms upon request. Also enclosed is a fully executed copy of the agreement and a copy of Resolution No. 95-98 for your files. Your completed Assumins Office Statement is due in the City Clerk's Office no later than 5:00 p.m., on May 12. 1995. If you have any questions, please call me at 434-2808. ALETHA L. RAUTENKRANZ, CMC ' City Clerk ALR:ijp Enclosures -- - 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808