HomeMy WebLinkAbout1996-09-10; City Council; 13788; Poinsettia Properties Specific Plan.
CITY OF CARLSBAD - AGtWDA BILL
AB# /3, 7 t?k@ TWJE:
AGREEMENTS FOR THE PREPARATION OF AN
MTG. 9-W -46 ENVIRONMENTAL IMPACT REPORT FOR THE
POINSETTIA PROPERTIES SPECIFIC PLAN / DEPT. PLN fl EIR 96-01 3## s1/P
RECOMMENDED ACTION:
DEPT. HD. t$h&
CITYATTY. 36%
CITYMGR m
ADOPT Resolution No. 5h-m , APPROVING an agreement with the consulting firm of
Cotton/Beland/Associates, Inc. to prepare an Environmental Impact Report for the Poinsettia
Properties Specific Plan - EIR 96-01, and APPROVING an agreement with the
HSL/BP/Michan, Limited Partnership to provide funding for the Environmental Impact Report.
ITEM EXPLANATION:
As a part of the review of the proposed Poinsettia Properties Specific Plan and related
applications, staff has determined that an Environmental Impact Report (EIR) should be
prepared. Staff has informed the project proponent, HSL/BP/Michan, Limited Partnership of
this determination. An agreement to this effect is attached.
Request for proposals were sent to eleven consulting firms, six of which responded. The bids
for the preparation of the EIR ranged from $34,870.00 to $60,800.00. 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 of work and methods used by the consultants to address each of the potential
impacts to be analyzed.
After reviewing all proposals, staff recommends that Cotton/Beland/Associates, Inc., at a cost
of $34,870.00 in addition to a budget contingency of $10,000.00 for a total agreement
amount of $44,870.00, 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 indicated a knowledge of methodology and experience necessary for the project.
The principal environmental consultant has worked previously for the City of Carlsbad and is
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 Poinsettia Properties Specific Plan EIR. The estimated cost for the
proposed work is not to exceed $44,870.00
FISCAL IMPACT:
The project proponent, the HSL/BP/Michan, Limited Partnership, is responsible for the
provision of funding for the EIR. Funds have been deposited with the City in a trust account.
EXHIBITS:
1. City Council Resolution No. - 2. Location Map
3. Agreement with Cotton/Beland/Associates, Inc.
4. Agreement with HSL/BP/Michan, Limited Partnership.
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I RESOLUTIONNO. 96-289
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AGREEMENTS
BETWEEN THE CITY OF CARLSBAD AND
COTTON/BELAND/ASSOCIATES, INC. AND THE CITY OF
CARLSBAD AND HSL/BP/MICHAN LIMITED
PARTNERSHIP TO PREPARE AN ENVIRONMENTAL
IMPACT REPORT FOR THE POINSETTIA PROPERTIES
SPECIFIC PLAN
CASE NAME: POINSETTIA PROPERTIES SPECIFIC PLAN
CASE NO.: EIR 96-O 1
follows:
The City Council of the City of Carlsbad, California, does hereby resolve as
1. That certain agreements between the City of Carlsbad and
Cotton/Bela&/Associates, Inc. and the City of Carlsbad and HSL/BP/Michan, Limited
Partnership for consulting services to prepare an Environmental Impact Report for the Poinsettia
Properties Specific Plan (SP 210), copies of which are on file in 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 Carlsbad
City Council on the 10th dayof September 1996, and thereafter.
AYES: Council Members Lewis, Nygaard, Kulchin, and Hall
NOES: None
Member Finnila
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk\
(SEW
EXHIBIT 2
POINSETTIA PROPERTIES
EIR 969OIIGPA 95906lLCPA 96-031
ZC 95=06/SP 21 O/LFMP 87-22(A) 3
_- -
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AGREEMENT WITH CONTRACTOR FOR THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT
THIS AGREEMENT, made this 12th day of SEPTEMBER , 1996 -I
between the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as ‘CITY”, and COlTON/BELAND/ASSOCIATES, INC.,
hereinafter referred to a “CONTRACTOR.”
RECITALS
WHEREAS, the CITY has entered into an agreement with HSL/BP/MICHAN,
LIMITED PARTNERSHIP hereinafter called applicant, wherein the CITY agrees to
prepare an Environmental Impact Report (EIR) for the proposed project identified as the
POINSETTIA PROPERTIES SPECIFIC PLAN which is located west of Avenida
Encinas, east of Carlsbad Boulevard, and north and south of Poinsettia Lane, and more
precisely shown on the plat marked Attachment 1, attached hereto and made part
hereof; and
WHEREAS, the CONTRACTOR has the qualifications to prepare the required
Environmental Impact Report; and
WHEREAS, it is understood that the CONTRACTOR 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. 9/l 3191
1. DUTIES OF THE CONTRACTOR
CONTRACTOR shall prepare an Environmental Impact Report on the subject
project in accord with the California Environmental Quality Act as implemented by the
State Guidelines and by CITY in Title 19 of the Carlsbad Municipal Code and its
implementing resolutions. In carrying out this obligation the CONTRACTOR’S duties
shall include the following:
(a) The CONTRACTOR shall, consistent with the Work Program contained in
Attachment 2, (1) make all necessary and required field explorations, reviews, and
tests; (2) make all necessary and required laboratory tests and analyses; (3) appeal
and be prepared to answer questions and prepare testimony on the final Environmental
Impact Report at all public hearings before the Planing 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
CONTRACTOR shall submit five copies of a preliminary report (screen check EIR) to
the Planning Director for staff review. The CONTRACTOR shall revise the preliminary
report as requested by staff in order to make is suitable for draft EIR review.
W CONTRACTOR shall prepare a draft report in compliance with the Work
Program contained in Attachment 2 on file at the Planning Department (unless
otherwise stated in this agreement), attached hereto and made a part hereof and with
applicable state law and CITY ordinances. The CONTRACTOR shall submit to CITY
fifty copies (25 in 3-ring binders and 25 cornbound) plus a reproducible master of the
draft Environmental Impact Report and one disk copy to the CITY.
2 T Rev. 9/l 3194
w CONTRACTOR 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, CONTRACTOR 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.
w CONTRACTOR shall prepare and file with the CITY written responses to
all comments received subsequent to public notice that the draft Environmental Impact
Report has been filed. CONTRACTOR shall also prepare any response necessary to
matters raised at the public hearings. The written responses shall be prepared in a
form that will permit the responses to be incorporated into the final Environmental
Impact Report.
2. DUTIES OF THE CITY
(a) The CITY will make payment to the CONTRACTOR as provided for in this
agreement.
03 The CITY will make available to the CONTRACTOR any documents,
studies, or other information in its possession related to the proposed project.
cc> The CITY will review the Preliminary Report presented by the
CONTRACTOR within fourteen working days of their receipt and make written
comments to the CONTRACTOR within that time period.
(d) The CITY shall provide the CONTRACTOR with copies of all written
comments received on the draft Environmental Impact Report subsequent to public
Rev. 9113/&I
notice that the draft Environmental Impact Report has been filed and is available for
public review.
3. TERMINATION OF AGREEMENT
The CITY may terminate this agreement at any time by giving written notice to
the CONTRACTOR 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 CONTRACTOR the reasonable value of the
services completed to the date of notice of determination.
4. RELEASE OF INFORMATION BY CONTRACTOR
Any reports, information or other data, prepared or assembled by the
CONTRACTOR under this agreement shall not be made available to any individual or
organization by the CONTRACTOR without prior written approval of the CITY.
5. 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, in whole or in part, any report, data, or other
materials prepared under this agreement.
The CONTRACTOR agrees that all copyrights which arise from creation of the
work pursuant to this contract shall be vested in CITY and hereby agrees to relinquish
all claims to such copyrights in favor of CITY.
4 Rev. 9113194
6. PAYMENT
The CONTRACTOR will be paid a maximum of $44670.00 dollars for all work
necessary to carry out the requirements of this agreement. Actual payment shall be
based on the cost of the report based on the costs as set forth in Attachment 2 on file at
the Planning Department. The CONTRACTOR 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 CONTRACTOR will be paid up to an additional 30 percent upon
acceptance by the CITY of the response to comments from the CONTRACTOR, 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.
7. TIME OF COMPLETION
Time is of the essence in carrying out the terms of this agreement. It is
understood that inclement weather conditions may delay the completion of field work.
The CONTRACTOR will be allowed as many additional days as are necessary to
compensate for days lost due to inclement weather. The CONTRACTOR shall submit
to the CITY ten copies of the Preliminary Environmental Impact Report within six weeks
of the signing of this agreement by both concerned parties. The CONTRACTOR shall
submit to the CITY fifty copies of the draft Environmental Impact Report within ten
working days of the completed staff review of the Preliminary Environmental Impact
Report.
5 Rev 9/l 364
6. LIMITS OF THE OBLIGATION
The limits of the obligation of the CITY under this agreement is the sum of
$44,870.00 which amount is estimated to be sufficient to compensate the
CONTRACTOR for all services performed hereunder during the terms of this
agreement. In the event at any time it appears to the CONTRACTOR that said sum
may not be sufficient, he shall immediately so notify the Planning Director. He will not
perform any work or incur any obligation beyond said sum of $44,870.00 without
appropriate amendment to this agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The CONTRACTOR warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the CONTRACTOR,
to solicit or secure this agreement, and that CONTRACTOR 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 making of this agreement. For breach or violation of this warranty,
the CITY shall have the right to annul this agreement without liability, or, in its
discretion, to deduct from the agreement price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent
fee.
10. NONDISCRIMINATION CLAUSE
The CONTRACTOR shall comply with state and federal laws regarding
nondiscrimination.
6 ? Rev. 9/I 3194
11. DISPUTES
If a dispute should arise regarding the performance of work under this
agreement, the following procedure shall be used to resolve any question of fact or
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 its contract, shall be reduced to writing by the principal of the
CONTRACTOR 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 (10) days. If the resolution thus obtained is unsatisfactory to the
aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for
their resolution through the office of the City Manager. The City Council may then opt
to consider the directed solution to the problem. In such cases, the action of the City
Council shall be binding upon the parties involved, although nothing in this procedure
shall prohibit the parties seeking remedies available to them at law.
12. CHANGES IN WORK
If, in the course of this contract, changes seem merited by the CONTRACTOR or
the CITY and informal consultations indicate that a change in the conditions of the
contract is warranted, the CONTRACTOR 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 CONTRACTOR
7 i ‘Li Rev. 9/l 3194
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to inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule.
After reaching mutual agreement on the proposal, a supplemental agreement
shall be prepared by the CITY and approved by the CITY according to the procedures
described in Carlsbad 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 CONTRACTOR or the CITY shall be
ordered by the Planning Director who will inform a principal of the CONTRACTOR’S
firm of the necessity of such action and follow up with a supplemental agreement
covering such work.
The lump sum amounts detailed in this agreement shall be adjusted for changes,
either additive or deductive, in the scope of work, provided such changes are
processed according to the procedures in this paragraph.
13. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
officers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorney fees arising out of the performance of the work
described herein caused in whole or in part by any willful misconduct or negligent act or
omission of the contractor, any subcontractor, anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, except where caused
by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad.
Contractor shall at his own expense, upon written request by the City, defend
any such suit or action brought against the City, its officers, officials, employees and
8 Rev. 9/l 3194
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volunteers. Contractor’s indemnification of City shall not be limited by any prior or
subsequent declaration by the contractor.
14. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
and all amendments insurance against claims for injuries to persons or damage to
property which may arise out of or in connection with performance of the work
hereunder by the contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
do business in the State of California. The insurance carrier is required to have a
current Best’s Key Rating of not less than “A-V and shall meet the City’s policy for
insurance as stated in Resolution No. 91-403.
A. Coveraqes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily
injury and property damage.
9 Rev. 9/l 3&
3. Workers’ Compensation and Employer’s Liability. Workers’
Compensation limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers’ Compensation.
2. The contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The contractor shall obtain occurrence coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the contractor or deduct the amount paid from
any sums due the contractor under this agreement.
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Rev. 9/l 3/9>
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15. STATUS OF THE CONTRACTOR
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The CONTRACTOR shall perform the services provided for herein in
CONTRACTOR’S own way as an independent contractor and in pursuit of
CONTRACTOR’S independent calling, and not as an employee of the CITY.
CONTRACTOR 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 CONTRACTOR to provide services under this
agreement shall not be considered employees of the CITY for any purposes
whatsoever.
The CONTRACTOR is an independent contractor of the CITY. The payment
made to the CONTRACTOR pursuant to the contract shall be the full and complete
compensation to which the CONTRACTOR is entitled. The CITY shall not make any
federal or state tax withholdings on behalf of the CONTRACTOR or his/her employees
or subcontractors. The City shall not be required to pay workers’ compensation
insurance or unemployment contributions on behalf of the CONTRACTOR or his/her
employees or subcontractors, on behalf of the CONTRACTOR. The CONTRACTOR
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 CONTRACTOR or any employee of the CONTRACTOR for
work done under this agreement.
The CONTRACTOR shall be aware of the requirements of the Immigration
Reform and Control Act of 1986 and shall comply with those requirements, including,
11 Rev. 9113i9:
but not limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and CONTRACTORS that are included in this agreement.
16. ASSIGNMENT OF CONTRACT
CONTRACTOR 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 CONTRACTOR shall subcontract any of the work to be performed under
this contract by CONTRACTOR, the CONTRACTOR 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 omission of persons
directly employed by it. Nothing contained in this contract shall create any employee or
contractual relationship between any subcontractor of CONTRACTOR and the CITY.
The CONTRACTOR 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.
18. PROHIBITED INTEREST
No official of the CITY who is authorized in such capacity on behalf of the CITY
to negotiate, make, accept or approve, or to take 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,
12
/ i -,
Rev. 9/l 3&l
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 of conversation with any officer, agent or employee or the
CITY, either before,
any of the terms or
conversation entitle
during or after the execution of this contract, shall affect or modify
obligations herein contained, nor shall such verbal agreement or
the CONTRACTOR to any additional payment whatsoever under
the terms of this contract.
20. SUCCESSOR OR ASSIGNS
Subject to the provisions of Paragraph 10, “Hold Harmless Agreement,” all
terms, conditions, and provisions hereof shall insure to and shall bind each of the
parties hereto, and each of their respective heirs, executors, administrators,
successors, and assigns.
21. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
22. CONFLICT OF INTEREST
The CONTRACTOR shall file a Conflict of Interest Statement with the City Clerk
in accordance with the requirements of the City of Carlsbad Conflict of Interest Code.
The CONTRACTOR shall report investments or interests in all four categories.
13 ! (.<
Rev. 9/l 3194
Executed by CONTRACTOR this day of q@ 44+f=e ,1945/.
CONTRACTOR:
COlTON/BElAND/ASSOCIATES, INC.
(Name of CONTRACTOR)
(Signat&)
ATTEST:
J/+y fG- /!5kQ~~5
(Print Name/; ALETHA L. RAUTCNKRANZ, City Cle)ik
AS To FORM: RONALD R. BALL, City Attorney
(Signature) - CITY ATTOWY
pri i.
(Print Name)
(Title and Organization of Signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR must be
attached)
(President of vice-president and secretary or assistant secretary must sign for
corporations. If only one ofticer signs, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate sea/ empowering that officer to
bind the corporation).
14 7
Rev. 9/l 3194
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On A*usTa9, IWb ” before me, &MA 5. $llcKeOD, tim@! QI)BLCC
Notary Public, personally appeared &trJ E &21~6r5 r-
C- or a proved to me on the basis of satisfactory evidence to
be the person@) whose name(X) @a@? subscribed to the within instrument and
acknowledged to me that@sk;e/they executed the same in his l%Jr/trpgir authorized 0
capacity(w, and that by @her/their signature@) on the instrument the person(&), or
the entity upon behalf of which the person@) acted, executed the instrument.
WITNESS my hand and official seal.
(Signature of Notary)
15
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Rev. 9/l 3194
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COTTON/BEUND/ASSOCIATES, INC. CONSENT TO ACTION BY BOARD OF DIRECTORS WITHOUT MEETING
The undersigned directors of Cotton/Beland/Associates, Inc., a California
Corporation, hereafter referred to as the “Corporation”, consent to the following
action of the board of directors of the Corporation without a meeting by
unanimous consent of all directors of the Corporation:
The following Resolution of the Bqard of Directors is adopted:
WHEREAS, R. Dale Beland has resigned from the Corporation,
RESOLVED, that Donald A. Cotton, in his absence, may authorize P. Patrick Mann or John E. Bridges to execute agreements for professional services on behalf of the Corporation.
Dated: May 17, 1994
Donald A. Cotton, President
j$~TACHM~~’ - .- ’ --- -.. - -- -. __F- _ ..-
ATTACHMENT :
Scope of
Services
Objective
Products
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
E erform and the schedule to be followed in pre nvironmental Impact Re ox-t for the Poinsettia $ aring the
Specific Plan EIR. Tas I! roperties objectives, work products and methods are described for each work task.
Task 1. Project Description
The purpose of this task based on the intensity foundation for the EIR.
Product Draft Project Description Related Projects List Final Pro’ect Description Notice o Preparation !
is to pre are a project description of deve opment P to provide the
Daz
6
fi
CBA will review necess available fi-om the Ci information related to the project
documents include xl “hy an other agencies and sources. These e environmental technical studies that have been prepared for the Management Plan (Zone 22 5
reject, the draft Local Facilities , the General Plan Master EIR, associated technical reports, mitigation monitoring and reportin include cf programs, CEQA findings, and other related studies in the City’s existing environmental database.
CBA will survey the project area and surrounding areas to identify local conditions 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 CBA understands all aspects of the project before beginning detailed analyses. The project description narrative and maps will include the project locatton, 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.
The Project Descri and a statement of tion will also include the project objectives 6 met by the project. enefits that may accrue and what needs are The pro’ect objectives and statement of justification will be prepare d by the CBA after consultation with City staff. A final Project Description will be prepared
City of Carlsbad Work Program I l’ornseflia Properfies S If eci/c Plan rogram I+,71< -’ i
1.4 Related
Projects
Objective Task 2. Screencheck Draft EIR
Products
Subtasks
2.1 Agency
Contacts
2.2 Screencheck
Draft EIR
Section 1
Introduction
Section 2
Executive
Summary
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 conduct one public scoping meeting to solicit comments from interested parties related to preparation of the EIR.
To identi ? cumulative impacts, related pro’ects must be defined ear y in the EIR process. CBA will wor h with the Ci to prepare a draft list of related projects for review. P CBA wi 1 also identifjl 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.
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 B ublication. designe The document organization described is to meet the requirements of CEQA and the CEQA guidelines for an EIR. The screencheck draft will include all text, tables and figures.
Product Screencheck Draft EIR, MMRP, and Appendices to City (10 copies)
Day 42
CBA will contact appropriate agencies and individuals as identified by the City regarding on those agencies and individu af
otential impacts of the project s, to obtain mformation for the Draft EIR.
The Introduction will summarize the le the EIR in the development process, al role and purpose of an f the use, structure, and scope of the EIR.
The Executive Summary will identify each significant effect of the project; areas of controversy Including issues raised by
$ encies and the public; and issues to be resolved including the c ioice 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
City o/Carlsbad Work Program 2 Poinscllia l’ropcrrics .5).wcr/ic l’lpn 1 S I rogram Ml<
Section 3
Project
Description
Section 4
Environmental
Setting
Section 5
Environmental
Impacts and
Mitigation
Measures
Environmental
Setting
Threshold of
Significance
Environmental
Impacts
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 pro’ect description will include a description of the propose d alternative. project, project alternatives, and the “no project” 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 altematives 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 descri tion P of the environmental setting will be included in the ollowing section discussing project impacts and mitigation measures.
This section will discuss the environmental setting, basis (or thresholds) for determining impact si nif’icance, environmental effects and unavoida le Iii significant 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 recognized impact standards. This section provides an important part of the evidence in the record that courts seek when detennining whether or not an agency has properly found an effect to be significant or not significant.
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 tunes, water service availability, etc.), factors
City of Carisbad Work Program 3 l’orn.rctlrn Propcrlics .\i)cci/ic I’lpn ’ ’ I rogram I:lIi
Mitigation
Measures for
Significant
Impacts
Impact
Significance
After
Mitigation
5.1 Agricultural
Resources
5.2 Air Quality
approved by the Ci the quantitative ana ysis will be based on the Ci Y will be utilized. Whenever appropriate,
x standards with input regarding threshold standards from t e 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 I?om among these measures will be discussed. The discussion of mitigation measures will provide the background for findings under Section 15091 (a) of 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 im levels, following the P act? at the project and cumulative app ication 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:
The majority of the Specific Plan area was previously utilized for agricultural pun P oses however, no is subject to a Wil iamson Act Land z ortion of the onservation t! roperty ontract. The Specific Plan area lies within the Coastal Agricultural Overlay Zone of the Mello II Segment of the City’s LCP. CBA will utilize the agricultural feasibility study prepared for the site. Potential Impacts to agricultural resources will be described in terms of a
Y-l ‘cultural operations and via it the feasibility of continued ility where project a feet otherwise suitable agricultural soils; and b 7
rading may the loss of agriculturaI lands as a resource under the Coastal Act. Possible mitigation measures include the payment of impact fees for conversion of the site to urban uses.
The proposed project is expected 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; and c) relation to existing state and federal standards, and regional air quality attainment plans.
City of Carlsbad Work Program
4 I’oinscitlo l’ropcrlics S)cci/ic l’lqri’ I rogrotti 1:/A
CBA will utilize the new air quality modelling program designed by SCAQMD -- Mobile Assessment for Air Quality Impacts{MAAQI) -- and other s readsheets developed by CBA which Implement the metho s B 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 tri , electricity and gas emissions will be projected. MAAQI wi 1 be used to estimate emissions after implementation of P mitigation measures to address significant air quality impacts by selecting appropriate mobile and stationary source mitigation measures.
5.3 Achaeological The ma’ority of the r’ and pa eontologica P reject site was surveyed for archaeological
and resources by Gallegos & Associates and
Paleontological
Resources
PaleoServices. CBA will utilize the existing cultural resource infonnation for inclusion in the EIR. Our review of the cultural report indicates that no significant impacts would occur to archaeological resources and no mitigation measures are required. The Galle qualifications for OS cultural resources report meets the cu tural resource professionals and report B preparation required by City guidelines.
Based on our preliminary review of the report, their work included the completion of a literature review and record search, as well as a survey of the project site. The field survey included the collection of surface artifacts and site map ing to identify location of surface artifacts and important Ian forms. B
CBA will also rely upon the prepared by PaleoServices to 8 aleontological resources report escribe potential impacts to such resources. The report identifies a moderate potential for the existence of paleontological resources. Because the existence of such resources cannot be determined until grading activi commences, the miti be addressed t: 7 ation for potential significant impacts wi 1 throug I a monitoring and collection program.
5.4 Biological Because most of the site has been previously graded for
Resources agricultural purposes, impacts to biological resources are limited. CBA ~111 utilize the existin pool letter re P & biology study and vernal ort prepared by Dude and Associates. Itn acts to biologica resources will be described in tenns o : a) P sensitive plant and animal s affected by the project; and b P
ecies present on site that may be 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, or spring annuals are anticipated to be necessary. No significant resources have been identified on-site however, mitigation measures may be recommended to reduce any potential impacts to the existing vernal pool located immediately off-site.
City of Carlsbad Work Program 5
’ $2 l’ornselrio 1’ropcrlrc.r .\jlcci/ic I’lqn I rogrom I:lA
-
5.5 Traffic/
Circulation
5.6 Population
and Housing
5.7 Land Use
Compatibility
5.8 Noise
City of Carisbad Work Program
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 Urban Systems Associates to prepare this section of the EIR. Traffic/circulation impacts will be described in terms ofi a) vehicular trips generated by the project which will utilize City roadway segments and intersections, and I-5 interchanges; b) analyze the safety and adequacy of pedestrian corridors/ connections, and c) analyze the ade uacy of the vehicular connections to the mixed-use project inc uding bus connections. 9 Mitigation measures identified will be based on recommendations contained in the USA report.
The proposed project will result in an increase in population and housing In the area as a result of new residential development. Analysis of population and housing impacts will include direct and indirect impacts, and cumulative impacts. The analysis will compare planned land use population/housing ca in onnation containe P acity with growth cr rejections for the area and housing needs in the City’s Housing Element. The EIR will describe mitigation measures available to reduce any significant population and housing impacts.
The proposed project relies upon amendments to the General Plan, Local Coastal Plan, Local Facilities Management Plan, and other discretionw errnits. residential and cotnmerci af The pro’ect proposes uses and is genera ly r’ compatible with surrounding uses.
Project impacts will be described in terms of: a) land use compatibility between the proposed development and adjacent uses; and b) conformance with current City lans, policies and ordmances, including the General Plan, Mel o II section of the P Local Coastal Program, Zoning Ordinance, Scenic Corridor Guidelines, Landscape Guidelines, and Open Space/Conservation/Resource Management Plan. 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.
The project site is subject to railroad and traffic noise, and traffic generated by the project will add incremental noise in the area. Construction activfty will also constitute a source of temporary noise during develo ment of the site. CBA will utilize the noise analysis prepare 0 by Mestre Greve Associates.
Noise impacts associated with the project will be described in terms of: a) consistency with General Plan Noise Element policy and standards; and b) City noise ordinance standa-ds and requiretnents. Mitigation for impacts will focus on design and
fi l’olnscilra I'ropcrlrc~.v .\jwcl/ic l'i~ln *I In
I rn~rtrm I:lIt
5.9 Public
Services and
Utilities
5.10 Visual
Aesthetics/
Grading
5.11 Water
Quality/Hydrology
Section 6
Aiterna fives
construction techniques which can reduce noise impacts to proposed and surrounding land uses.
The Local Facilities Management Plan for Zone 22 must be amended to accommodate the pro’ect. Impacts of the proposed project on public services and i acilities will be described in terms of: a) demands for water, reclaimed water, sewer treatment capaci T gas and electric service, lie protection; b) the abili schools, protection and police
providing such services to respond to projected 7 of agencies
effect on City emergency response plans. emand; and c)
The proposed project will result in landform alteration associated with grading for project development, and the development of buildings on currently vacant land. Development of the site has the potential to result in visual impacts. CBA will prepare an analysis of visual aesthetic and grading impacts utllizmg the a plicant modeled views. CBA has the abi P prepared computer ity to prepare 3-D computer modeling should this service be required. We have not included a 3-D modeling work effort m the this time. project budget at
CBA will assess visual impacts in tenns of: a) landfonn changes resulting from grading of the site; and b) titure buildmg masses on site followin development. Specifically, views from Interstate 5, Carlsba f Boulevard, Poinsettia Lane, Avenida Encinas, Lanakai Mobile Home Park, Lake Shore Gardens Mobile Home Park and Sea Pointe project will be analyzed. Mitigation measures will be proposed for any identified visual impacts.
Increased runoff from additional impervious surfaces, along with urban pollutants generated by the various land uses proposed may impact area water courses in the Batiquitos Lagoon and vernal pool adjacent to the project. CBA will utihze the hydrology study prepared by O’Day Consultants and groundwater quality infonnation from the GEOCON report 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, and c) general drainage characteristics, surface flow direction, and quantities. 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 ran e of reasonable alternatives to the project which can feasib y attain the basic objectives of the B project, while focusing on alternatives capable of eliminating any significant adverse environmental effects or reducing them to a level of insignificance.
City of Carlsbad Work Program 7
1 1 l’ornsclllo 1’ropcrirc.r .Sjrwcijk i’lp I rogmm hII<
Section 7
Analysis of
Long-Term
Effects
7.1 Cumulative
impacts
7.2 Growth-
Inducing
Impacts
7.3 Unavoidable
Significant
Environmental
Impacts
7.4 Areas of
No Significant
Impact
Section 8
Refwences
CBA will examine up to four alternatives, including the “no pro’ect” alternative, in the ElR. The specific description of on- an d off-site alternatives will be based on discussion and agreement between the City and CBA. (Exhibits: Table corn aring exhi t environmental effects of alternatives, graphic its of alternatives as a propriate) alternatives to be selected, C ri Amon f the project A assumes the inc usion of one off-site alternative, one on-site alternative evaluatin variation of the project, and one on-site alternative f a land use ocusing 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 and any significant irreversible environmental than es caused by the project. Therefore, long-term effects wi 1 be focused on f cumulative impacts, growth-inducing impacts., 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 development in cd! rejects. Other known projects include the arlsbad 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.
Based on analysis E rovided in the EIR, areas of significant im P act that cannot e reduced to a less than significant level wi I 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.
This section will identity organizations, persons and documents consulted in preparation of the EIR. Firms and individuals involved in the preparation of the document will also be identified.
City of Carlsbad Work Program x I’oln.wtIlcI I’ropsr~rc~.v .\i)w~Ji~. I’lnn ’ ’ ”
I vo~‘(lt?l I:lI<
-
Appendices
Mitigation
Monitoring and
Reporting
Program
Objective
Products
Subtasks
3.1 City
Review
3.2 Draft
Revisions
Objective
Products
-
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 repared with the Screencheck Draft, Draft and Final EIR an cf will include monitoring team qualifications, specific monitoring activities, a reporting system for evaluating the success of mitigation measures.
Task 3. Draft EIR
neP ose of this task is to pre are a Draft EIR, MMRP, and Appen ices for distribution an Y a public review.
Product City Comments on Screencheck Draft EIR to CBA Revised Screencheck Draft EIR, MMRP and A rl Aut pendices to City (10 copies) orization from City to P rint draft documents Notice of Completion, Pub IC Review Draft EIR, MMRP, and Ap endices to City for distribution B (50 copies an 1 reproducible master with 25 three-ring binders and 25 combound)
76 81
85
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, correctrons 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. U on completion of Ci will provide any F review of the revised screencheck, the 8 ity tnal 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 City for distribution to a list of City/CBA i B rovided to the
agencies and parties. enticed public
Task 4. Response to Comments, Final EIR
neP the pub ic and public agencies on the Draft EIR, and complete “p ose of this task is to prepare responses to comments by
the Final EIR rncorporating changes in response to comments received.
Product Draft EIR Comments to CBA % Screencheck Final EIR and MMRP to City (10 copies) 144
1
City of Carisbad Work Program 9
r,. I l’oinsctlia Propcrrics S;Occi/ic I’ifln I rogram t/A
4.1 Responses
to Comments
4.2 Final EIR
and MMRP
5.0 CEQA
Findings
and Statement
of Overriding
Considerations
and (Optional
Task)
Subtasks
6.1 Meetings
6.2 Hearings
Project
Schedule
-.
City comments on Screencheck Final EIR to CBA 158 Revised Screencheck Final EIR and MMRP to City (10 copies) - , 172 Authorization from City to print final documents Final EIR, MMRP and Appendices to City for distribution (50 copies, 1 reproducible master, and 1 disk copy with 25 three-ring binders and 25 cornbound)
177 182
Our project budget includes an hours allowance for responses to comments and modifications to the Draft EIR that is normally sufficient for rejects % that are not hi hly controversial. If a large num er of comments are receive i , 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 screencheck Final EIR for review by city staff prior to publication, and 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
As an optional task not presently included in the project budget, CBA will prepare draft Findings of Fact ursuant to CEQA Guidelines for significant environmental ef ects of the project, F and a draft Statement of Overriding Considerations if required for City Council action.
Task 6. Meetings and Hearings
The purpose of this task is to meet with City staff and to
!I rovide ex efore the 6 ert testimony at meetings and public hearings ity Council (up to 11 meetings will be attended).
CBA staff will meet up to 7 times with City staff and other City-identified parties to initiate the project, conduct the public scoping meeting, manage EIR preparation and resolve Issues, review staff comments on screencheck draft documents and review.
The CBA Principal and Project Manager will provide
& resentations and expert testimony at up to four public hearings efore the Planning Commission and City Council.
CBA will maintain the following project schedule, subject to the time1 materials g provision of information and response to draft y the City:
Ciiy of Carlsbad Work Program IO I’oinsetlin l’ropcrlies Syeci)c l’lm _ I rogram I:II(
-
Day 1:
Day 6:
Day 14:
Day 42:
Day 63:
Day 76
Day 81
Day 85
Day 130
Day 144
Day 158
Day 172
Day I77
Day 182
Contract Initiation
Draft Project Description Related Projects List
Final Pro’ect Description Notice o Preparation for City distribution c
Screencheck Draft EIR, MMRP and Appendices to City
City comments on Screencheck Draft EIR to CBA
Revised Screencheck 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
City of Carlsbad Work Program II
1. ’
Poinselfia Properties S)vci/ic l+n Q I rogram AIli
Poinsettia Properties Specific Plan
Budget
=
A. 1.0 CBA TASK
Pmjti Description
1. I R&w Docum~nls
1.2 Impccl Projccl Area
1.3 Project Dewxiption
1.4 Rclstcd Projects
SUBTOTAL 32 1 Sl 121 53.4601 9.54l
II 2. I Agency ccm(aclc
2.2 Screencheck DraR EIR
II
I 2.0 &-~“c+-l‘ n...rr FIl.2 . . . . -.-.. -... I I t I I I 1 I
12 al _ 71 -1 t1 mni -..-.-
32 100 24 40 512180 34.9%
II SUBTOTAL Draft EIR 32 112 28 42 513,210 37.9% 3.0
II 3. I City Review
3.2 Dr-all Rcrisiolu I I I
IhI 761 Ed dAlIi .- -. __.. ._ 12.1%
SUBTOTAL t 81 32 161 24 s-t.440 12.1%
4.0 Raponw to Commenta, Final EIR and Hearing I
8
#
I I- .I . :‘%,
.. 74 I 71 16 53 010 8.6%
4 6.8%
12 15.4%
Document
4.1 Rcsponscs to Gmuncnts
4.2 Fitml EIR and h&iRP
SUBTOTAL
FindingsSOC (optional)
Findings/SOC
SUBTOTAL
Mectings/H~ringr
6.1 Meeting
6.2 buinp
SUBTOTAL
TOTAL ALL TASKS
TOTAL excluding optional Task 5
B. MISCELLANEOUS COSTS
loo 248 62 116 %32,970 94.6%
94 232 62 110 S31,ltO 89.2% . . . .. : ,,;xy; . .
%of
TotA TOM
II TclcnhowTnveVPosbx ~~ I --I ”
Scrc~ EIR urd &pcndica (‘70)
ScmnlDraR EIR Miligalion Monitoring Rcpor~ 00)
Rqunw IO CotnmcnWFin~l EIR md Appendi- (70)
$400 1.1%
51.225 3.S%
5350 1.0%
51.225 3.5%
1 TOTAL EIR COST I I I I 1 %34,870 1 100.0%~
Princi~l-inChargc/Projcct Mumga - John E. Bridges
Project Planner - Tim Cnibu
TcchnicianGrnphics - Shawn S. Shamlou
C:bxceMloskbr-spa xls
AGREEMENT BETWEEN CITY AND APPLICANT
FOR PAYMENT OF EIR CONSULTANT
THIS AGREEMENT is made this 12th day of SEPTEMBER , 1996 ,
between the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereafter referred to as “CITY,” and HSUBPIMICHAN LIMITED PARTNERSHIP
hereinafter referred to as “APPLICANT.”
RECITALS
WHEREAS, the APPLICANT has filed with the CITY a request for
approval of a proposed project identified as POINSETTIA PROPERTIES SPECIFIC
PLAN 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/ASSOClATES 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
1 Rev. 4-19-94 z ’
particularly depicted upon a site map attached as Attachment “1” and made a pat-t 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, and may
require:
a. Field exploration;
b. Weekly communication with the City staff;
C. Written responses; and
d. Such other work necessary to properly evaluate the proposed
project as directed by the Planning Director.
3. It is understood that the CITY will direct the CONSULTANT to complete a
draft and final Environmental Impact Report at the earliest feasible time. The CITY will
advise the APPLICANT in writing of any impacts which may render the proposed
project infeasible within a reasonable time after CITY has received the
CONSULTANTS conclusions in writing.
4. The APPLICANT shall pay to the CITY the actual cost of the
CONSULTANTS services. Such cost shall be based on the costs set forth in
Attachment “2”. The APPLICANT has advanced the sum of $44,870.00 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 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
2 Rev. 4-19-94 .- ’
advanced without an appropriate amendment to the Agreement. If the actual cost of
preparing the report is less than the APPLICANT’S advance, any surplus will be
refunded to APPLICANT by CITY.
5. 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 omission of
the CONSULTANT to enter upon his property and to perform all work thereon as the
CONSULTANT deems necessary to complete the Environmental Impact Report. It is
agreed that the APPLICANT will not interfere with the CONSULTANT in the
performance of such work or attempt to influence such CONSULTANT during the
course of his investigation and report.
6. It is understood that the CITY will attempt to bring the Environmental
Impact Report to Planning Commission and City Council as soon as possible, barring
no delays from the APPLICANT.
3 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 2 z“‘day of J-MLY 119%.
APPLICANT:
HSL/BP/MICHAN L.P., a California limited
partnership
By: HBM Poinsettia L.P.,
a California limited partnership
By: Its General Partner
Benchmark Pacific, Inc.,
ATTEST:
ALETHA L. RAUTENKRANZ, City C&k
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
(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 certitied
by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporation.)
4 Rev, 4-19-94 .i ((
-.
.
STATE OF CALIFORNIA 1 ) ss.
COUNTY OF SAN DIEGO 1
On ‘, , ~ \ , ,, ? p g:, :+ -y , before me, > \ SAL f . . (2. < ,r ‘1 _, J Notary
Public, perso&lly appkared I >+-I k .4~ LL cc’\ 1.3” (?: ; L’- ,&lownto
me (or 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 acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by hislberltheir signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WlTNESS my hand and official seal. b -- Y, 1
Signamrd‘.~ ' ': /, \, 1' ~ , ,,'; I-C-~‘ '~‘ . ,;('/
I
,, \ (S-0
RESOLUTION ADOPTED BY
UNANIMOUS WRITTEN CONSENT
OF
BENCHMARK PACIFIC, INC.
July 22, 1996
The undersigned as the sole member of the Board of Directors of BEllCHMARK PACIFIC. INC.. a
corporation organized under the General Corporation Law of California. does by this writing consent IO
take the following actions and adopt the following resolution in its capacity as general partner of
l!SL/BP/Michan LP. a California Limited Partnership:
RESOLVED. that the partnership of HSWBP/Michan LP.. shall enter into agreement entitled
AGREEMENT BETWEEN CITY AND APPLICANT FOR PAYMENT OF EIR CONSULTANT (herein
after the Agreement). The Agreement is between the Cie of Carl&tad and HSL/BPMichan LP relating to
the required Environmental Impact Report for the project known as Poinsettia Properties Specific Plan.
This resolution gives Douglas M. Avis full authori@ to enter into the Agreement on behalf of Benchmark
Pacific Inc.. and HSL/BP/Michan LP and to bind these entities to the terms and condition of the
Agreement.
The undersigned directs that this consent be filed with the Minutes of the proceedings of the Board of
Directors of Benchmark Pacific Inc.
Dated: July 22. 1996
Doug&&f. Avis. President of Benchmark Pacific Inc.
This resolution is hereby certified by the Secretary of Benchmark Pacific Inc.
Dated: July 22, 19%
- ATTACHMENT 2
Scope of Services and Schedule
scope of
Services
Objective
Products
Subtasks
1.1 Review
Documents
1.2 Inspect
Project Area
1.3 Project
Description
This section describes the specific tasks CBA proposes to
ii erform and the schedule to be followed in preparing the nvironmental Impact Re II ort Specific Plan EIR. Tas for the Poinsettia Properties objectives, work products and methods are described for each work task.
Task 1. Project Description
The base f m-pose of this task on the intensity foundation for the ElR.
Product Draft Project Description Related Projects List Final Pro’ect Description Notice o r’ Preparation
is to pre are a project description of deve opment to provide the Y
Daz
1: 14
CBA will review neces available from the Ci 7 information related to the project
documents include 3: an other agencies and sources. These e environmental technical studies that have been pre ared for the reject, the draft Local Facilities Management f Ian (Zone 22 , the General Plan Master EIR, P associated technical reports, mitigation monitoring and reportin programs, CEQA findings, and other related studies include cf 111 the City’s existing envrronmentat database.
CBA will survey the project area and surrounding areas to identify local conditions of the natural environmenf, 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 CBA understands all aspects of the project before beginning detailed analyses. The project descnption narrative and maps will include the project location, potential interactions with nearby pro’ects, related actions associated with the Specific Plan, the re ationship j 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.
The Project Descri and a statement of tion will also include the project objectives g enefits that may accrue and what needs are met by the project. The pro’ect objectives and statement of justification will be prepare d by the CBA after consultation with City staff. A final Project Description will be prepared
City of Carisbad Work Program 1 Poinsettia Properties S f eci/ic Plan 2 I rogram EIR
1.4 Related
Projects
Objective Task 2. Screencheck Draft EIR
Products
Subtasks
2.1 Agency
Contacts
2.2 Screencheck
Draft EIR
Section 1
Introduction
Section 2
Executive
Summary
which incorporates revisions based on City staff review of the draft.
CBA will also prepare the Notice of Preparation (NOP). City statTwill prepare an initial Study and will be responsible for the distribution of the NOP to other public agencies and interested parties, CBA will conduct one public scoping meeting to solicit comments from interested parties related to preparation of the EIR.
To identi fy cumulative impacts, related pro’ects must be defined ear y in the EIR process. CBA will wor i with the Ci to prepare a draft list of related projects for review. 7 CBA wi 1 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.
TheP “p ose of this task is to prepare a complete screencheck draft E R, mitigation monitoring and reporting (MMRP), and technical a i pendtces for review by 8 rogram
prior to ity staff
designe B ublication. The to meet the re ocument organization described is uirements of CEQA and the CEQA guidelines for an EIR. ?I e screencheck draft will include all text, tables and figures.
Product Screencheck Draft EIR, MMRP, and Appendices to City (10 copies)
CBA will contact appropriate agencies and individuals as identified by the City regarding on those agencies and individu ar otential impacts of the project s, to obtain tnfonnation for the Draft EIR.
The Introduction will summarize the le the EIR in the development process, al role and purpose of an 9 the use, structure, and scope of the EIR.
The Executive Summary will identify each significant effect of the project; areas of controversy including issues raised by
2 encies and the public; and issues to be resolved including the c oice among alternatives and whether or how to mitigate significant effects. The Executive Summary will be formatted to clearly identify appropriate agency fmdmgs with regard to
City of Carlsbad Work Program 2 Poinsettia Properties S ecifk Plan t B rogram EIR
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Section 3
Project
Description
Section 4
Environmental
Setting
Section 5
Environmental
Impacts and
Rlitiga tion
Measures
Environmental
Setting
Threshold of
Significance
Environmental
impacts
mitigation measures and significant effects of the project in each envirpnmental issues area analyzed. (Exhibits: Project Maps, Project Description Table, Environmental Impacts and Mitigation Measures Table, and Comparison of Alternatives Table)
The pro’ect description will include a description of the propose d altm?tive. project, pfoject alternatives, and the “no project” The project description will include project maps locahng 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 Settin Map, Project Location and Boundaries Map, Parcels P able, Alternatives Table, others as appropriate) Comparison of
This section will briefly describe the regional and local environmental setting of the proposed project. A more detailed descri tion of the environmental setting .will be included in the ollowing section discussing project impacts and P mitigation measures.
This section will discuss the environmental setting, basis (or thresholds) for determinin environmental effects an 8 impact si r ‘ficance, sifificant unavoida le 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 recognized impact standards. This section provides an important part of the evidence in the record that courts seek when determining whether or not an qency has properly found an effect to be significant or not sign&ant.
Project-level and cumulative impacts will be described in this section. Impacts will be qualitatively and .quantit$ively analyzed to the extent possible. Where it 1s possible, to quantitatively measure impacts (e.g., emergency service response tunes, water service avsulability, etc.), factors
Ciry of Carlsbad Work Program 3 Poinsettia Properries S ecijk Plan _ ._ Pp rogram EIR
Mitigation
Measures for
Significant
Impacts
Impact
Significance
After
Mitigation
5.1 Agricultural
Resources
5.2 Air &al&y
approved by the Ci the quantitative an a will be utilized. Whenever appropriate, ysis will be based on the Ci t?I standards with input regarding threshold standards from e 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 mitigatron measures will provide the background for findings under Section 15091 (a) of the CEQA guidelines. Mitigation measures will be discussed in sufficient detail to provrde the basis for a mitigation monitoring and reporting program.
This section will provide conclusions regarding the significance of the environmental im act, levels, following the at the project and cumulative app ication of recommended mitigation P 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:
The majority of the Specific Plan area was previously utilized for a % rrcultural oses however, no ortlon of the is su ject to a iv-? il iamson Act Land E) onservation 0 roperty ontract. The Specific Plan area lies within the Coastal Agricu1tura.l Overlay Zone of the Mello II Segment of the City’s LCP. CBA will utilize the agricultural feasibility study prepared for the site. Potential unpacts to agricultural resources will be described in terms of: a b ‘cultural operations and via the feasibility of continued
T ility where project a feet otherwise suitable agricultural soils; and b ading may
7 the loss of agricuhural lands as a resource under the Coastal Act. Possible mitigation measures include the payment of impact fees for conversion of the site to urban uses.
The proposed project is expected 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; and c) relation to existing state and federal standards, and regional air quality attainment plans.
City of Carlsbad Work Program 4 Poinsettia Properties S ecijic Plan B rogram EIR
5.3 Achaeological
and
Paleontological
Resources
5.4 Biological
Resources
City of Carlsbad Work Program
CBA will utilize the new air quality modelling program designed by SCAQMD -- Mobile Assessment for Air Quality Impacts {MAAQI) - and other s which implement the readsheets developed by CBA metho s B of the SCAQMD CEQA handbook, to estimate vehicular and energy emissions. MAAQI IS an arr quality modelling program designed by SCAQMD to estimate vehicular and energy emissions. Vehicle tri , electricity and gas emissions will be projected. MAAQI wi 1 be used to estimate emissions after implementation of P mitigation measures to address si nificant air quality impacts by selecting appropriate mobi e f mitigation measures. and statronary source
The ma’ority of the and p a eontologic ap reject site was surveyed for archaeological resources by Gallegos & Associates and PaleoServices. CBA will utilize the existing cultural resource information for inclusion in the EIR. Our review of the cultural report indicates that no significant impacts would occur to archaeological resources and no mitigation measures are required. The Galle OS cultural resources report meets the qualifications for cu tural resource professionals and report f preparation required by City guidelines.
Based on our preliminary review of the report, their work included the completion of a literature review and record search, as well as a survey of the project site. The field survey included the collection of surface artifacts and site map identify location of surface artifacts and important lan 8 ing to forms.
CBA will also rel upon the prepared by Paleo l e&es to B aleontological resources report escribe potential impacts to such resources. The report identifies a moderate potential for the existence of paleontological resources. Because the existence of such resources cannot be determined until grading activi commences, the miti ation for potential significant impacts wi 1
8
P be addressed throu a monitoring and collection program.
Because most of the site has been previously graded for agricultural p 7 oses, impacts to biological resources are limited. CBA ~11 utilize the existin pool letter re to biologica P oxt prepared by Dude ii biology study and vernal and Associates. Im acts resources will be described in terms o : a) P sensitive plant and animal s affected by the project; and b P
ecies present on site that may be 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, or spring annuals are anticipated to be necessary. No sigmficant resources have been identified on-site however, mitigation measures may be recommended to reduce any potential impacts to the existing vernal pool located immediately off-site.
5 Poinsettia Properties S B ecijc Plon _ -* rogram EIR
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5.5 Traffic/
Circulation
5.6 Population
and Housing
5.7 Land Use
Compatibility
5.8 Noise
City of Carlsbad Work Program
Substantial traffic will be generated by the proposed project which will rely upon Ci and from the site. 2 streets and Interstate 5 for access to BA will utilize the City-approved transportation analysis prepared for the project by Urban Systems 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) analyze the safety and adequacy of pedestrian corridors/ connections, and c) analyze the ade uacy of the vehicular connections to the mixed-use project inc uding bus connections. 4 Mitigation measures identified will be based on recommendations contained in the USA report.
The proposed project will result in an increase in population and housing m the area as a result of new residential development. Analysis of population and housing impacts will include direct and indirect impacts, and cumulative impacts. The analysis will compare planned land use population/housing
3 * acity with growth ormation contain J rejections for the area and housin -Al needs in the City’s Housing Element. e EIR will describe mitigation measures available to reduce any significant population and housing impacts.
The proposed project relies upon amendments to the General Plan, Local Coastal Plan, Local Facilities Management Plan, and other discretionary exmits. residential and commerci af The pro’ect proposes uses and is gener ai with surrounding uses. ly compatible
Project impacts will be described in terms of: a) land use compatibility between the pro uses; and b) conformance wi tK osed development and adjacent current City ordrnances, including the General Plan, Mel P lans, policies and o II section of the Local Coastal Program, Zoning Ordinance, Scenic Corridor Guidelines, Landscape Guidelines, and Open Space/Conservation/Resource Management Plan. In some instances, the roposed project relies upon changes to existing plans and po icies, P and the amendment of these plans and policies to accommodate the project will be analyzed for significance.
The project site is subject to railroad and traffic noise, and traffic generated by the project will add incremental noise m the area. Construction activity will also constitute a source of temporary noise during develo ment of the site. CBA will utilize the noise analysis prepare B by Mestre Greve Associates.
Noise impacts associated with the project will be described in terms of: a) consistent with General Plan Noise Element policy and standards; and 6 ) City noise ordinance standards and requirements. Mitigation for impacts will focus on design and
6 Poinsettia Properties S B eci/ic Plan c ” rogram E/R
5.9 Public
Services and
Utilities
5.10 Visual
Aesthetics/
Grading
5.11 Water
Quality/Hydrology
Section 6
Alternatives
construction techniques which can reduce noise impacts to proposed and surrounding land uses.
The Local Facilities Management Plan for Zone 22 must be amended to accommodate the pro’ect. Impacts of the proposed project on public services and r’ acilities will be described in terms of a) demands for water, reclaimed water, sewer treatment capaci protection and i? gas and electric service, .schools, police ire protection; b) the abih providing such services to respond to projected 3 of agencies
effect on City emergency response plans. emand; and c)
The proposed project will result in landform alteration assoctated with grading for project development, and the development of buildings on Development of the site has the currently vacant land. otential to result in visual impacts. CBA will prepare an an ap grading impacts uulizmg the ysis of visual aesthetic and a plicant prepared computer modeled views. CBA has the abi ity to prepare 3-D computer P modelin should this service be required. include d We have not
this time. a 3-D modeling work effort m the project budget at
CBA will assess visual impacts in terms of a) landform changes resulting from grading of the site; and b) future buildm views if masses on site followin development. Specifically, om Interstate 5, Carlsba f Boulevard, Poinsettia Lane, Avenida Encinas, Lanakai Mobile Home Park, Lake Shore Gardens Mobile Home Park and Sea Pointe project will be analyzed. Mitigation measures will be proposed for any identified visual Impacts.
Increased runoff from additional impervious surfaces, along with urban pollutants generated by the various land uses
e roposed may im agoon and vem ap act area water courses in the Batiquitos pool adjacent to the project. CBA will utihze the hydrology study prepared by O’Day Consultants and groundwater quality information from the GEOCON report 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, and c) general drainage characteristics, surface flow direction, and quantities. 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 ran e of reasonable alternatives to the project which can feasib y attain the basic objectives of the B project, while focusing on alternatives capable of eliminating any significant adverse environmental effects or reducing them to a level of insignificance.
Ciry of Carlsbad Work Program 7 . Poinsettia Properties S ectpc Plan _ B rogram EIR
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Section 7
Analysis of
Long- Term
Effects
7.1 Cumulative
impacts
7.2 Growth-
inducing
Impacts
7.3 Unavoidable
Significant
Environmental
Impacts
7.4 Areas of
No Significant
impact
Section 8
Refeerences
CBA will examine up to four alternatives, including the “no pro’ect” alternative, in the EIR. The specific description of on- an d off-site alternatives will be based on discussion and agreement between the City and CBA. (Exhibits: Table corn axing exhi Ii environmental effects of alternatives, graphic its of alternatives as a propriate) ii Amon alternatives to be selected, C P the project A assumes the inc usion of one off-site alternative, one on-site alternative evaluatin f a land use variation of the project, and one on-site alternative ocusing 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 and any significant irreversible environmental than project. Therefore, long-term effects wi 1 be focused on f es caused by the
cumulative impacts, growth-inducing impacts, unavoidable significant impacts, and areas of no significant impact.
This section will identify the otential cumulative effects resulting from this project, and o tl! by City staff and other agencies. er known projects identified 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 development in t! rejects. Other known projects include the arlsbad 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.
Based on analysis E rovided in the EIR, areas of significant im P act that cannot wi 1 be identified. e reduced to a less than significant level
Areas of no significant impact identified in the Initial Study prepared by City staff and the EIR will be listed with a bnef justrfication for the finding.
This section will identify organktions, persons and documents, consulted in preparation of the EIR. Firms and individuals involved in the preparation of the document will also be identified.
City of Carlsbad Work Program 8 Poinsettia Properties S B ecijic Plan ‘- rogram EIR
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Appendices
Mitigation
Monitoring and
Reporting
Program
Objective
Products
Subtasks
3.1 City
Review
3.2 Draft
Revisions
Objective
Products
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 Pro F am will be B repared with the Screencheck Draft, Draft and inal EIR an will include monitoring team qualifications, specific monitoring activities, a reporting system for evaluating the success of mitigation measures.
Task 3. Draft EIR
The p Appen ices for distribution an Y.? ose of this task is to pre a are a Draft EIR, MMRP, and public review.
Product City Comments on Screencheck Draft EIR to CBA Revised Screencheck Draft EIR, MMRP and A Au trl pendices to City (10 copies) orization from City to rint draft documents Notice of Completion, Pub P ic Review Draft EIR, MMRP, and Ap B endices to City for distribution (50 copies an 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, correcttons 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. U 8 on completion of Ci review of the revised screencheck, the will provide any 2l ity al 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 cf rovided to the City for distribution to a list of City/CBA i agencies and parties. entified public
Task 4. Response to Comments, Final EIR
neP se the ub T of this task is to prepare responses to comments by
the F c and public agencies on the Draft EIR, and complete inal EIR incorporating changes in response to comments received.
Product Draft EIR Comments to CBA %I! Screencheck Final EIR and MMRP to City (10 copies) 144
City of Carfsbad Work Program 9 Poinsettia Properties S ecific Plan ’ If rogram EIR
4.1 Responses
to Comments
4.2 Final EIR
and MMRP
5.0 CEQA
Findings
and Statement
of Overriding
Considerations
and (Optional
Task)
Objective
Subtasks
6.1 Meetings
6.2 Hean’ngs
Project
Schedule
City comments on Screencheck Final EIR to CBA 158 Revised Screencheck Final EIR and MMRP to Citv (10 copies) - . 172 Authorization from City to print final documents Final EIR, MMRP and Appendices to City for distribution (50 copies, 1 reproducible master, and 1 disk copy W&I 25 three-ring binders and 25
177 182
combound)
Our project budget includes an hours allowance for responses to comments and modifications to the Draft EIR that is normally sufficient for rejects !I that are not controversial. If a large num hi hly er of comments are receive % , 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 screencheck Final EIR for review by city staff prior to publication, and a Final EIR including the following changes to the Draft EIR:
Revised cover page Revised table of contents Revised text of EIR incorporating changes C$ments received and responses to comments on the Draft
As an optional task not CBA will prepare dra ii resently included in the project budget, Findings of Fact Guidelines for significant environmental e ff ursuant to CEQA ects of the project, and a draft Statement of Overriding Considerations if required for City Council action.
Task 6. Meetings and Hearings
The purpose of this task is to meet with City staff and to
i rovide ex ert testimony at meetings and efore the 8 ublic hearings ity Council (up to 11 meetings wt 1 be attended). 7
CBA staff will meet up to 7 times with City staff and other City-identified parties to initiate the project, conduct the public scoping meeting, manage EIR preparation and resolve Issues, review staff comments on screencheck draft documents and review.
The CBA Principal and Project Manager will provide
ll resentations and expert testimony at up to four public hearings efore the Planning Commission and City Council.
CBA will maintain the following project schedule, subject to the time1 materials ii provision of information and response to draft y the City:
City of Carlsbad Work Program 10 Poinsettia Properties S ? eci/ic Plan -4 * rogram EIR
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Day 1:
Day 6:
Day 14:
Day 42:
Day 63:
Day 76
Day 81
Day 85
Day 130
Day 144
Day 158
Day 172
177 Day
Day 182
-
Contract Initiat. I
Draft Project Description Related Projects List
Final Pro’ect Description Notice o Preparation for City distribution IJ
Screencheck Draft ETR, MMRP and Appendices to City
$yAcomments on Screencheck Draft EIR to
Revised Screencheck 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
(XtvAcomments on Screencheck Final EIR to
Revised Screencheck Final EIR and MMRP to City
Authorization from City to print final documents
Final EIR, MMRP and Appendices to City for distribution
City of Car&bad Work Program 11 Poinsettia Properties S B eci/ic Pinn -* cl rogram EIR
_- .-
Poinsettia Properties Specific Plan
Budget
A. CBA TASK I n m-1- -A-.:--
I wad L&x rdal
R. Mgr. PI- chph Pmt. Grill Carl I ..” r rV,FI. -“p.,om
I.1 RwiewDocuments
1.2 lmpatProjoctAru
1.3 FVojecl Dac+tion
1.4 Rclaud Projects
SUBTOTAL
2.0 -check Draft EIR 21 .bcncycal~lr
WI)nAEW 2.2 sa
SUBTOTAL
3.0 Dnn Em
3.1 CityReview
3.2 Ddl Revisions
SUBTOTAL
4.0 RapoNe to cmnmentr, Find Docunmlt
4.1 RcqmsrstaCommcntr 4.2 F~MIEIR~~M~~RP
SUBTOTAL
5.0 FlndirvJsoc (opt&n8l)
5.1 Rndings/SOC
SUBTOTAL 6.0 Meetti~arinp
6.1 hkting 6 7 Urr;“mm
II Mitintioa hkitorinr Rcwcr I I s350 I I.04
C. COST SUMMARY I
TOTAL TASKS 1 - 6 COSTS (cxcludiig optional Tnk S) 1 $31.120
TOTAL MlSCELLANEOUS COSTS I I s3.7so
TOTAL EIR COST I I-~~ T-~ I ~ I s34.m I
Principal-inChrsJProjod himqer - John E. Bridga
Rojoct Pluu# - Tim Gnih
TechniciuJGnPhior - Shawn S. Shamlou