HomeMy WebLinkAbout2000-06-13; City Council; 15773; Carlsbad Oaks North Development4B# 15,333 APPROVAL AND AUTHORIZATION TO EXECUTE TITLE:
AN AGREEMENT WITH TECHBILT CONSTRUCTION CORP.
UlTG. 6/l 3//00 TO PROVIDE FUNDING FOR PRELIMINARY ENGINEERING AND
ENVIRONMENTAL IMPACT REPORT PREPARATION SERVICES
CITY OF CARLSBAD -AGENDA BILL
IEPT. ENG I FOR THE CARLSBAD OAKS NORTH DEVELOPMENT CITY MGR. +kv
RECOMMENDED ACTION: cT97- 13
Adopt Resolution No. @I& \ gg for approval and authorization to execute an agreement
with Techbilt Construction Corp. to provide funding for Preliminary Engineering and Environmental
Impact Report preparation services for the Carlsbad Oaks North Development.
ITEM EXPLANATION:
The majority of the future Faraday Avenue extension from Orion Street to the easterly city limits is
within proposed Carlsbad Oaks North Development. As part of the review of the proposed Carlsbad
Oaks North Development, staff has determined that an Environmental Impact Report (EIR) should
be prepared.
In conjunction with adjacent Capital Improvement roadway and utility projects, the City solicited
statements of qualifications for the Engineering and EIR preparation services. Statements of
Qualifications were received from six consulting firms. After interviewing two firms, staff negotiated a
scope of services and fee with Kimley-Horn and Associates, Inc. The scope of services includes
tasks relative to the Carlsbad Oaks North Development Project and adjacent Capital Improvement
Projects. The scope of services will enable the preparation of the EIR for the projects to be
completed in an efficient manner without a duplication of effort. The consulting services agreement
with Kimley-Horn was approved at the May 2, 2000 City Council meeting.
The subject agreement formalizes the amount of funding that will be provided by Techbilt
Construction Corp. to pay for the preliminary engineering and EIR preparation as included in the
agreement with Kimley-Horn and Associates, Inc.
ENVIRONMENTAL REVIEW:
The items of work funded by this agreement are Preliminary Engineering and the subsequent
preparation of an Environmental Impact Report. Prior to proceeding with final design, the
Environmental Impact Report will be presented to the City Council for consideration.
FISCAL IMPACT:
The agreement identifies a total of $620,398 that will be provided by Techbilt Construction Corp. for
the Preliminary Engineering and EIR preparation. The agreement calls for an initial deposit of
$209,659 to begin the work relative to the Carlsbad Oaks North Development. The remainder of the
funding will be secured by an Irrevocable Letter of Credit from Techbilt in the amount of $410,739.
These funds will be used to pay Kimley-Horn and Associates, Inc., as they complete the tasks
related to the Carlsbad Oaks North Development.
As part of the approval of the Professional Services Agreement with Kimley-Horn and Associates for
the associated Faraday Avenue roadway extension and sewer projects, adequate funding was
appropriated to cover the cost of the services. Upon receipt of the initial deposit and subsequent
draws on the Letter of Credit, the BTD #5, Sewer Connection and Sewer Benefit Area funds will be
reimbursed proportional to their costs.
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Page 2 of Agenda Bill No. ,4,773
EXHIBITS:
1.
2.
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4.
Location Map of Faraday Avenue, South Agua Hedionda Sewer and Carlsbad Oaks North
Development.
Resolution No. &%I- 1% for approval and authorization to execute an agreement with
Techbilt Construction Corp. to provide funding for Preliminary Engineering and Environmental
Impact Report preparation services for the Carlsbad Oaks North Development.
Agreement with Techbilt Construction Corp.
Letter of Credit.
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CITY OF VISTA
PROJECT AR
NOT JO SCALE
PROJECT NAME PROJECT EXHIBIT CARLSBAD OAKS NORTH BUSINESS PARK NUMBER A ND FA RADA Y A VENUE EXTENSION 3598 I
AWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 5/9/00 c: \CAPITAL\PLANT~\~~ 3
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WHEREAS, the City Council of the City of Carlsbad, California, has determined
it necessary and in the public interest to enter into an agreement to provide funding for
Preliminary Engineering and Environmental Impact Report Preparation Services on file in the
City Clerk’s Office between Techbilt Construction Corp. and the City of Carlsbad, California; and
WHEREAS, the City Council of the City of Carlsbad, California, approves and authorizes
the execution of an agreement to provide funding for Preliminary Engineering and Environmental
Impact Report Preparation Services for the Carlsbad Oaks North Development with Techbilt
Construction Corp.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the agreement between the City of Carlsbad and Techbilt Construction Corp.
to provide funding for Preliminary Engineering and Environmental Impact Report Preparation
Services for the Carlsbad Oaks North Development is hereby approved.
3. That the Mayor of the City of Carlsbad, is authorized and directed to execute said
agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Cartsbad City Council
II held on the 13th day of June , 2000 by the following vote, to
wit:
AYES:
/I
Lewis, Hall and Nygaard.
NOES
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27 II ATTEST:
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RESOLUTION NO. 2000-188
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, FOR APPROVAL AND
AUTHORIZATION TO EXECUTE AN AGREEMENT WITH
TECHBILT CONSTRUCTION CORP. TO PROVIDE FUNDING
FOR PRELIMINARY ENGINEERING AND ENVIRONMENTAL
IMPACT REPORT PREPARATION SERVICES FOR THE
CARLSBAD OAKS NORTH DEVELOPMENT.
s Finnila and Kulchin.
(SEAL) .
July 14,ZOOO
Techbilt Construction Corp.
3575 Kenyon St.
San Diego CA 92110
Re: AgreementKarlsbad Oaks North Development
The City of Carlsbad has approved the agreement relating to the Carlsbad Oaks North
Development, which requires Preliminary Engineering and an Environmental Impact Report
preparation services.
Enclosed please find a fully executed copy of the agreement for your files.
If you have any questions please feel free to contact our offices.
Sincerely,
Debra Doer&r 14 Carlsbad City Clerk’s Office
Enclosure
1200 Carlsbad Village Drive * Carlsbad, CA 92008-I 989 - (760) 434-2808 @
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AGREEMENT BETWEEN CITY AND APPLICANT
FOR PAYMENT OF PRELIMINARY ENGINEERING AND EIR CONSULTANT
THIS AGREEMENT is made this Ma 1 Thday of +,2000~,
between the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as CITY, and Techbilt Construction Corp. hereinafter referred to
as “APPLICANT”.
RECITALS
WHEREAS, the APPLICANT has filed with the CITY a request for
approval of a proposed project identified as Carlsbad Oaks North Business Park
requiring Preliminary Engineering and 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 completion of
Preliminary Engineering and 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 Kimlev-Horn and Associates, Inc.
hereinafter referred to as “CONTRACTOR” to perform the necessary work to complete
the Preliminary Engineering and in the processing and monitoring of the Environmental
Impact Report for the project as described in the Scope of Work attached as
Attachment “A”.
2. It is understood that the CONTRACTOR services shall conform to
1 Rev. 04119194
the Scope of Work attached as Attachment “A” and made a part of this agreement, and
may require:
a) Field exploration;
b) Weekly communication with the City staff;
Cl Written reports; and
d) Such other work necessary to properly evaluate the
proposed project as directed by the Planning Director.
3. It is understood that the CITY will direct the CONTRACTOR to
complete the Preliminary Engineering and 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 CONTRACTOR ‘s conclusions in writing.
4. The APPLICANT shall pay to the CITY the actual cost of the
CONTRACTOR ‘s services. Such cost shall be based on the costs set forth in Exhibit
“B”. The APPLICANT has advanced the sum of Two Hundred Nine Thousand, Six
Hundred Fifty Nine dollars ($209,659.00) as payment on account for the actual cost of
the CONTRACTOR’s services. The APPLICANT has also deposited an Irrevocable
Letter of Credit with the City of Carlsbad in the amount of Four Hundred Ten Thousand,
Seven Hundred Thirty nine ($410,739.00) dollars for purpose of paying for the balance
of the Preliminary Engineering and Environmental Impact Report costs as noted on
Consulting Services Fee Estimate Breakdown attached as Attachment “B”. As noted on
Attachment “B” the Final Design services will be an additional cost to the project. The
Final Design costs have not been specified as part of this agreement due to the
unknown nature of the scope of the work. In the event it appears, as the work
2 Rev. 04/19/94
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 CONTRACTOR incurring an obligation beyond the amount advanced
without an appropriate amendment to this Agreement. If the actual cost of preparing
the report is less than the APPLICANT’S advance, any surplus will be refunded to
APPLICANT by CITY.
5. It is understood that the CONTRACTOR shall be an independent
contractor of the CITY and CITY shall not be liable for any negligent acts or omissions
of the CONTRACTOR. The APPLICANT agrees to permit the CONTRACTOR to enter
upon his property and to perfom? all work thereon as the CONTRACTOR deems
necessary to complete the Environmental Impact Report. It is agreed that the
APPLICANT will not interfere with the CONTRACTOR in the performance of such work
or attempt to influence such CONTRACTOR 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.
. . .
. . .
. . .
. . .
. . .
Rev. 04/l 9194
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year first above written.
Executed by APPLICANT this 5th day of JUW ,4+=lJ
APPLICANT:
TECHBILTCOEJSTRUC!I'IONOORP.
Paul K Tchang, President
(print name here/title)
By:&- I&Q&,
(sign hze)
Genevieve Tchang, Secretary
(print name here/title)
CJTY OF CARLSBAD. a municipal
Al-T-EST:
uty City Clerk
(Proper notarial acknowledgment of execution by Contractor must be aftached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the of&et-(s)
signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument).
APPRQVED AS TO FORM:
4 Rev.O4/19/94
CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGEMENT
STATE OF CALIFORNIA 1
COUNTY OF San Diego 1
On July 5 2000 beforeme, Susan E Eubank Notary Public
DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC
personally appeared, c Tphana
personally known to 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 his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
OPTIONALINFOlXMATION
TITLE OR TYF'E OF DOCUMENT Agreement for PE and ElR Preparation
DATE OF DOCUMENT City of Carlsbad NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE
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Attachment “A”
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SCOPE OF WORK
The scope of work for the Faraday Avenue extension (Orion Street to Melrose Drive),
South Agua Hedionda Sewer, associated water and sewer facilities and the Carisbad
Oaks North Business Park EIR is detailed below. The scope is broken down by the
following major tasks:
1. Preliminary Engineering
2. Environmental Documentation
3. Final Design
1. Preliminary Engineering
1 .I Faraday Avenue Extension
Proposed Project Approach and Work Plan
The proposed project consists of a 1.3 mile extension of Faraday Avenue from Orion Street to
near Melrose Drive. The project area is primarily undisturbed native vegetation that includes
sensitive habitat such as coastal sage scrub, riparian forest and wetlands. With the sensitive
habitat, the most critical component of this project will be the environmental analysis. With our
team’s most recently completed project, Olympic Parkway, we know what it will take to obtain
environmental clearance for Faraday Avenue, and have structured the project approach and
work plan to obtain early environmental clearance.
Our team’s approach to the Faraday project will be two phased. The first phase will be the
environmental analysis and preliminary engineering. The results of the first phase will be to
identify the least damaging practicable alternative and most likely prepare a Mitigated Negative
Declaration. The second phase will be the preparation of construction documents including final
design, specifications, and cost estimate. The project approach is arranged into the following
major task sections:
Phase 1. Environmental Analysis and Preliminary Engineering
A. Reconnaissance
B. Alternative Identification
C. Alternative Analysis
Phase 2. Final Design
The following describes the purpose, methodology, and deliverables for the preliminary tasks.
Phase 1: Environmen ta/ Analysis and Preliminary Engineering
As mentioned above, the proposed project will traverse through primarily undisturbed native
vegetation. Sensitive habitats potentially impacted include coastal sage scrub, scrub oak
chaparral, southern coast live oak riparian forest, and wetlands. In terms of upland habitat
impacts, the project is covered by the City’s Habitat Management Plan, of which a Draft is
currently under review by the U.S. Fish and Wildlife Service and the California Department of
Fish and Game. The general approach to the project will involve conducting initial preliminary
field reconnaissance studies focusing on biological and archaeological resources, traffic and
civil engineering; the subsequent analysis and documentation of preliminary design alternatives
to select the least damaging alternative; project definition and preparation of an initial study;
determination of appropriate environmental documentation; and, preparation of a mitigated
negative declaration or an environmental impact report.
Task 7A: Reconnaissance
The project team will conduct a preliminary reconnaissance of the study area to identify local
conditions of the environment. This preliminary reconnaissance will address all environmental
and engineering issues relevant to the proposed project; however, the environmental
reconnaissance will focus on biological and cultural resources in the area of potential affect.
The purpose of this work effort is to identify-sensitive environmental areas prior to the design of
the roadway so that impacts to sensitive resources can be minimized. In addition, engineering
and geotechnicat opportunities and constraints will be examined.
Engineering
This task will evaluate existing technical and other background information and establish design
criteria to guide the project delivery, identifying opportunities and constraints in developing the
least damaging practicable alternative.
Da ta Collection
We will obtain and review technical and other background information pertinent to the project.
Kimley-Horn will rely on the City of Carlsbad to assist in obtaining this information. The data
that will be collected includes but is not limited to Carlsbad Oaks North Business Park Tentative
Map and associated studies, drainage studies, and existing right-of-way.
Survey and Mapping
Topographic mapping will be produced for the various phases of the project. For the
environmental phase we are proposing to provide a three dimensional l”=lOO’ scale, 5’ contour
interval digital map along with a 1”=200’ digital black and white orthographic photo for the larger
study area. Once the least damaging practicable alternative is identified, a 1”=40’ with one-foot
contour interval electronic base map will be completed for the final design.
Existing right-of-way will be added to the mapping. The right-of-way will include city and county
boundaries, any irrevocable offers of dedication, and privately held land.
Design Criteria
Design criteria will be established to guide the design of Faraday Avenue. The criteria will
include geometric design, drainage, grading, safety and operational, utilities, and conformance
with City of Carlsbad and other regional standards. Typical sections will be completed to identify
roadway and parkway widths and side slope grading.
2385-01
April 2000Page 2
Geotechnical
Our proposed scope of services to prepare the geologic reconnaissance report will include
research and field studies to prepare a summary of the geologic condition and provide a
general evaluation of the geologic hazards. Specifically we propose to perform the following:
n A review of in-house and client-provided geotechnical reports pertinent to the site.
n A geologic reconnaissance of the site.
n A review of aerial photographs.
w Prepare general geologic mapping of the site conditions.
n Preparation of a report to provide a general summary of the geologic conditions at the site
pertinent to the proposed development. The summary report will address the following:
- Description of the site and general site geology.
- Geologic mapping of the study area.
- Identify potential geologic and seismic hazards including soil liquefaction, lateral
spreading, seismically induced settlement, landsliding, and faulting.
Drainage
If available, the Kimley-Horn team will review preliminary drainage calculations for Carlsbad
Oaks North Business Park. Any discrepancies to the design criteria typically applied to a similar
project will be noted and communicated to the City of Carlsbad. In addition, we will gather
existing data from the County of San Diego and other sources to provide flow estimates for
preliminary design.
According to previous studies completed by Rick Engineering a detention basin will be required
on the proposed Faraday Avenue/South Agua Hedionda Creek crossing. In our
communications with Rick Engineering, many design issues need to be resolved as part of our
design efforts. Therefore we are proposing a two phased approach with the
conceptual/preliminary design and then final design. The estimated effort with the concept
design includes review of Rick Engineering hydrologic analysis, preliminary grading, outlet
structure concept design and hydraulics, and environmental review (including wildlife corridor
analysis). A brief conceptual design report will be prepared that summarizes the hydrologic
analysis, the outlet hydraulics, the embankment design and the preliminary construction cost
estimate. The HEC-1 hydrologic model prepared by Rick engineering will be used for the
detention basin sizing and outlet design.
Deliverables: Environmental Opportunity and Constraints mapping
Design Criteria Technical Memorandum
Geological mapping
Base Mapping
238501
April 2000Page 3
Task 1 B: A Iterna tive /den titica tion
Based on the results of the Preliminary Reconnaissance, the KHA team will analyze up to three
preliminary design alternatives and the no build alternative. The alternatives will be designed
on AutoCAD using the 1 “=lOO’ topographic mapping, the established design criteria, typical
sections, and opportunity and constraints mapping. The design will include horizontal location,
vertical profile, drainage basins and limits of grading as well as possible identification of
potential borrow site locations. The purpose of each of the alternatives will be to minimize
impacts to the sensitive habitat.
Deliverabks: Up to three preliminary alternatives drawn on the topographic mapping and the
opportunity and constraints mapping.
Task I C: Alternative Analysis
Roadway alignments within the study area will impact wetlands, requiring a Section 404 permit.
A requirement under EPA Section 404(b)(l) Guidelines exists to seek practicable alternatives to
fill within wetlands and waters of the U.S. This task would include early consultation with
resource agencies to help identify and address specific resource agency concerns. This effort
will be well-documented through the preparation of a brief (i.e., 20 page) report that
demonstrates to the resource agencies the process undertaken by the City to identify the least
environmentally damaging practicable alternative (LDPA). This report would be incorporated in
whole, or part, into the environmental documentation prepared for the project.
The alternative analysis will focus on the following:
1. Environmental Impacts
2. Conformance to design criteria
3. Traffic Impacts
4. costs
Environmental Impacts
The biological analysis would include focused discussions on Coastal Sage Scrub, wetlands,
sensitive species issues, and on-site mitigation, as well as wildlife corridor viability under the
proposed design alternatives. The alternatives analysis report would also discuss all sensitive
vegetation/habitat types, and CEQA sensitive species which are present or highly likely to be
present on site. The analysis would identify conformance of the current site conditions with
those identified previously on the site. Where prudent, recommendations would be given to
provide alternatives for avoiding significant impacts to biological resources.
Several issues are perceived as critical to pending Carlsbad HMP compliance and projected
USFWSlCDFG response to the proposed project. In particular, impacts to Coastal Sage Scrub
and wildlife corridors are expected to be closely scrutinized. The analysis would include a
focused discussion of these issues under the proposed design, The report would address not
only specific issues such as wetland mitigation needs, but would also address concerns relative
to the potential for any specific alignment to impact sub-area linkage viability.
238501
April 2000Page4
The report would identify the need for any additional biological permits. If special focused
sensitive plant/animal surveys are not required, the report would be deliverable within six weeks
of conveyance of maps and receipt of authorization to proceed. If additional surveys are
necessary, final report delivery would be delayed until such surveys could be completed.
However, an interim draft could be provided to allow completion of other work efforts.
Subsequent modifications may be necessary upon completion of the final analyses. Merkel &
Associates would work with city staff, particularly project design engineers, to develop a least
environmentally damaging, practicable alignment alternative, and determine required mitigation
for the project.
The cultural resources mapping would be utilized in the selection of the preferred alternative
alignment. However, cultural resources site significance testing is not covered under the
proposed cost estimate. If site significance testing is required at this stage in order to identify
the least impactive alignment, then a separate cost estimate would be provided at that time
depending on the number and size of sites identified for testing. Any testing would be geared to
satisfy both CEQA and Section 106 requirements.
Traffic Impacts
Using the traffic analysis prepared as part of the reconnaissance phase, traffic impacts will be
assessed for each alternative. It is expected that the impacts for the three build alternatives will
be similar and that the no-build alternative will have the greatest impact.
Conformance to Design Criteria
In working with the environmental constraints, it is quite possible that the design of the roadway
might not conform to all design criteria. In previous projects we have avoided biological as well
as cultural resources by using non-standard design elements such as steeper vertical grades,
smaller radius horizontal curvature with super-elevation, steeper side slopes and narrow
parkways. This criteria will evaluate the safety and operational aspects of non-standard design
features.
costs
One of the most significant aspects of developing the LPDA are .ihe constructions costs as well
as the environmental mitigation costs. Costs will be developed for each alternative and will
include:
n Construction
n Right-of-way
n Environmental mitigation
n Add-on (i.e. design, administration and contingencies)
Earthwork could be one of the substantial construction cost items. Our preliminary review of
the preliminary alignment shows significant fills indicating the possibility of importing material.
Knowing the potential location of the borrow site(s) will be critical in developing a cost estimate,
the most economical borrow sites will come from the adjacent development. We will also
2385-01
April 2000Page 5
examine costs for potential structures (bridges and retaining walls) to minimize impacts to the
environment as well as to reduce the overall earthwork.
1.2 South Agua Hedionda Sewer
The South Aqua Hedionda Interceptor sewer transverse undeveloped land from the existing
Raceway Lift Station on the City limits with Vista, approximately 11,700 feet, to the intersection
with College Blvd. extension. This reach includes section SAHTIA (IS’) SAHTl B (18”)
SAHTlC (18’3, and SAHTl D (18”) from The Carollo Master Plan. The project will eliminate the
need for the Raceway Lift Station and allow gravity flow for discharges from Vista and within
Carlsbad. The ultimate flow at the downstream end of the project reach (SAHTlD) is 4.74 mgd.
The Scope and Fee presented here are based on the alignment presented in the 1997
O’Day Consultants study. This alignment includes 18 and 21 inch VC Pipe with depths
up-to 45 feet and directional drilled siphon and mircotunnel options. This alignment
may not be the best option for this project. The Preliminary Engineering Study will
address alternatives to the O’Day Study alignment that may be more practical.
The proposed project approach to the South Aqua Hedionda is similar to the approach
described for the Faraday Road environmental analysis and preliminary design. As will
be discussed in the environmental documentation section, both the roadway project
and the sewer project will combined into one environmental document, which is
assumed to be an Environmental Impact Report.
As described in the Faraday Road proposal, the project approach will include the
following major tasks:
1. Environmental Analysis and Preliminary Engineering.
1A. Reconnaissance
IB. Alternative Identification
1c Alternative Analysis
ID. Environmental Documentation
1E Permits
The team for this portion will include includes Kimley-Horn and Associates, Cotton
Beland and Associates for environmental, Merkel and Associates for biology and
Kennedy Jenks for trenchless pipeline design.
The following details the scope of work assumed for each of the above tasks.
2385-01
April 200bage6
IA. Reconnaissance
The proposed sewer traverses through primarily undisturbed native vegetation
impacting sensitive habitat. In terms of upland habitat impacts, the project is covered
by the City’s Habitat Management Plan of which a draft is currently under review by the
U.S. Fish Wildlife Service and the California Department of Fish and Game. Separate
permits is assumed to be required by the US Army Corp of Engineers, US Fish and
Wildlife Service, Regional Water Quality Control Board, and the California Department
of Fish and Game.
The general approach to the project will involve conducting initial preliminary field
reconnaissance studies focusing on biological and archaelogical resources, civil
engineering; the subsequent analysis and documentation of preliminary design
alternatives to -select the least environmentally damaging alternative, project definition
and preparation of an initial study; determination of appropriate environmental
documentation.
The project team will conduct a preliminary reconnaissance of the study area to identify
local conditions of the environment. This preliminary reconnaissance will address all
environmental and engineering issues relevant to the proposed project; however, the
environmental reconnaissance will focus on biological and cultural resources in the area
of potential effect. The purpose of this work effort is to identify sensitive environmental
areas prior to the design of the roadway so that impacts to sensitive resources can be
minimized. In addition, engineering and geotechincal opportunities and constraints will
be examined.
Biology
After reviewing existing biological resource documents relevant to the proposed project,
the study area would be reviewed by Merkel & Associates (M&A) biologists for changes
in conditions or any substantial new information regarding on-site sensitive biological
resources, or issues which may affect routing decisions. The study corridor for the
sewer is assumed to be 300 feet wide. Of particular interest are the distribution of
Coastal Sage Scrub and wetlands, and the potential presence of the federally listed
California Gnatcatcher, Least Bell’s Vireo, state and federally listed sensitive plants, or
other sensitive species known from the area such as Nuttal’s Scrub Oak, Palmer’s
Grapplinghook, Western Dichondra, and California Adolphia. The objective of M&A’s
surveys would be primarily to expand existing data where necessary but not to repeat
prior work. Where significant changes have occurred or deficiencies in existing data
are noted, further studies may be recommended to help ensure that alignments do not
require significant modification as a result of future findings. Additional focused surveys
2385-01
April 2000Page 7
may be required by the resources agencies where previous focused surveys did not
c cover all areas of potential impact, or where previous surveys are outdated. Costs for
these focused surveys have been included within the attached cost proposal.
Deliverables: A jurisdictional wetland delineation will be necessary for U.S. Army Corps
of Engineers’ permit approval. All necessary delineations would be performed along
the various alternative routes to determine the potential impact levels. This information
would assist in sewer siting, to reduce impacts ‘to biological resources, including
wetland resources. A standard wetland delineation report would be prepared covering
the identified portion of the wetlands on-site. The report would allow for a determination
of wetland acreage impacts given specific construction routes within the study area.
One combined biological technical document will be prepared for the road and sewer.
Cultural Resources
The cultural resources study will focus upon the identification of resources within a 300-
foot wide corridor of the trunk sewer alignment. The conclusion of the cultural
resources studies in Task 1 would be the presentation of a map showing the location of
all archaeological sites within the corridor. The project area has not been previously
surveyed, so the extent of resources is not known. The location of the trunk sewer
along a substantial drainage with extensive biological habitat suggests that the potential
for cultural resources is high. The cultural resources scope will include: a records
search to determine if any archaeological sites have been recorded within the
alignment; review of previous studies in the project area; an intense archaeological
survey to local all cultural resources within the APE; and mapping and recording of
identified sites.
Testing of cultural resources, if identified in the project’s APE, will be necessary to
determine importance/significance under CEQA and to determine the site’s eligibility for
the National Register. The program designed for testing will include surface mapping of
artifacts and features, subsurface testing to establish the boundaries of any cultural
deposits and all laboratory analyses necessary to record and interpret the artifact
recoveries. The scope of work for the cultural resources testing cannot be determined
at this time because the size and complexity of any sites that may be located within the
project is not yet known. In order to facilitate the environmental review process, the
budget includes $10,000 for cultural resources testing. The $10,000 budget amount for
cultural resource testing is an estimate and may only be partially utilized or may be
exceeded depending on the extent of cultural resources identified in the APE.
Deliverable: A combined roadway and sewer brief summary report.
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Engineering
This task will evaluate existing technical and other background information and
establish design criteria to guide the project delivery, identify opportunities and
constraints in developing the least damaging practicable alternative.
Da ta Collection
We will obtain and review technical and other background information pertinent to the
project. Kimley-Horn will rely on the City of Carlsbad in assist in obtaining this
information. The data that will be collected includes but is not limited to Carlsbad Oaks
North Business Park Tentative Map and associated studies, drainage studies and
existing right-of-way.
Survey and Mapping
Topographic mapping will be produced for the various phases of the project. For the
environmental phase we are proposing to provide a three dimensional 1 I’=1 00’ scale, 5’
contour interval digital map along with a 1”=200’ digital black and white orthographic
photo for the larger study area. Once the least damaging practicable alternative is
identified, a 1”=40’ with one-foot contour interval electronic base map will be completed
for the final design.
Additional field shots will be taken in areas obliterated from view of the aerial flight.
Once the mapping is completed for the environmental phase, existing right-of-way will
be added. The right-of-way will include city and county boundaries, any irrevocable
offers of dedication, privately held land as well as any known easements. It is assumed
that the developer or the City of Carlsbad will provide the required title reports.
Existing and known dry and wet utilities will be identified and added to the base map.
No pot holing is assumed for this phase. The effort includes as-built (record drawing)
research and field survey of visible utilities.
2385-01
April 2000Page g
-
Design Criteria
Design criteria will be established to guide the design of the Aqua Hedionda Sewer.
The criteria will include, maximum and minimum grades and pipe cover, trenching and
bedding, micro-tunneling parameters, directional drilling requirements, drainage,
grading, odor control, metering, safety and operational, utilities, and conformance with
City of Carlsbad and other regional standards. Typical sections will be completed to
identify maximum sewer depth, and side slope grading.
Geo technical
Our proposed scope of services to prepare the geologic reconnaissance report will
include research and field studies to prepare a summary of the geologic condition and
provide a general evaluation of the, geologic hazards. We will also perform limited
subsurface exploration along the westerly and easterly sides of Los Monos Canyon.
Specifically we propose to perform the following:
l A review of in-house and client-provided geotechnical reports pertinent to the site.
l A geologic reconnaissance of the site.
l A review of aerial photographs.
l Prepare general geologic mapping of the site conditions.
l Excavation of 6 to 8 trenches using a rubber tired backhoe.
l Excavation of 3 to 4 borings using truck-mounted air percussion drill rig. During the
drilling program, we propose to collect drive samples and 4 to 6 rock core samples
for laboratory testing of compressive strength.
l Excavation of 4 to 6 borings using a limited-access drill rig.
l Conduct 5 to 6 seismic traverse lines to evaluate the shear wave velocities of the
underlying materials for consideration in evaluating rippability.
l Preparation of a report to provide a general summary of the geologic conditions at
the site pertinent to the proposed development. The summary report will address
the following:
2385-01
April 2000Pagelo
- Description of the site, proposed alignments and general site geology.
- Geologic mapping of the study area.
- Identify potential geologic and seismic hazards including soil liquefaction,
lateral spreading, seismically induced settlement, landsliding, faulting.
- Description of investigative techniques, including log of all borings, trenches,
seismic travese lines and soundings.
- Laboratory test results of rock core strengths.
- Trench stability issues (preliminary).
System Flows and Hydraulics
As part of this task Kimiey-Horn and Associates will review and analyze the tributary
flow areas, average daily flow rates and peak flow rates entering the sewer. We will
also coordinate with the City of Vista to insure that all flows, gravity and pumped are
incorporated.
Drainage
A stream channel hydraulic study will be prepared and based on a previous study by
Rick Engineering. A HECRAS hydraulic model of the Aqua Hedionda Creek (Sunny
Creek) from Ranch0 Carlsbad Golf Course to just upstream of the proposed Faraday
Avenue crossing will be prepared. The 100 year water surface elevation will be used
for minimum manhole elevations and the hydraulic parameters will be used for
calculating scour depth at stream crossings and for channel modifications required by
the final design.
Deliverables
- Environmental Opportunit\j and Constraints mapping
- Design Criteria Technical Memorandum
- Geological mapping
- Base Mapping
- Stream Channel Hydraulic Study
2385-01
April 2000Page II
IB. Alternative Identification
Based on the results of the Preliminary Reconnaissance, the KHA team will analyze up
to three preliminary design alternatives and the no build alternative. The alternatives
will be designed on AutoCAD using the 1 “=I 00’, 5-foot contour topographic mapping,
the established design criteria, typical sections and opportunity and constraints
mapping. The design will include horizontal location, vertical profile, access roads, and
limits of grading as well as possible borrow site locations. The purpose of each of the
alternatives will be to minimize impacts to the sensitive habitat.
Deliverables: Up to three preliminary alternative plan and profile drawings and the
opportunity and-constraints mapping.
IC. Alternative analysis
The alternative analysis will focus on the following:
1. Environmental Impacts
2. Conformance to design criteria
3. costs
Sewer alignments within the study area will impact wetlands, requiring a Section 404
permit. A requirement under EPA Section 404(b)(l) Guidelines exists to seek
practicable alternatives to construction within wetlands and waters of the U.S. This task
would include early consultation with resource agencies to help identify and address
specific resource agency concerns. This effort will be well-documented through the
preparation of a brief (i.e., 20 page) report that demonstrates to the resource agencies
the process undertaken by the City to identify the least environmentally damaging
practicable alternative. This report would be incorporated in whole, or part, into the
environmental documentation prepared for the project.
The biological analysis would include focused discussions on Coastal Sage Scrub,
wetlands, sensitive species issues, and on-site mitigation, as well as wildlife corridor
viability under the proposed design alternatives. The alternatives analysis report would
also discuss all sensitive vegetation/habitat types, and CEQA sensitive species which
are present or highly likely to be present on site. The analysis would identify
conformance of the current site conditions with those identified previously on the site.
Where prudent, recommendations would be given to provide alternatives for avoiding
significant impacts to biological resources.
2385-01
April 2000Page 12
a Several issues are perceived as critical to pending Carlsbad HCP compliance and
projected USFWSlCDFG response to the proposed project. In particular, impacts to
Coastal Sage Scrub and wildlife corridors are expected to be closely scrutinized. The
analysis would include a focused discussion of these issues under the proposed
design. The report would address not only specific issues such as wetland mitigation
needs, but would also address concerns relative to the potential for any specific
alignment to impact subarea linkage viability.
The report would identify the need for any additional biological permits. If special
focused sensitive plant/animal surveys are not required, the report would be deliverable
within six weeks of conveyance of maps and receipt of authorization to proceed. If
additional surveys are necessary, final report delivery would be delayed until such
surveys could be completed. However, an interim draft could be provided to allow
completion of other work efforts. Subsequent modifications may be necessary upon
completion of the final analyses. M&A would work with city staff, particularly project
design engineers, to develop a least environmentally damaging, practicable alignment
alternative, and determine required mitigation for the project.
The cultural resources mapping conducted under Task 1 could be utilized in the
selection of the preferred alternative alignment. Cultural resources site significance
testing is covered (up to an amount of $10,000) under the proposed cost estimate. If
site significance testing is required at this stage in order to identify the least impactive
alignment, then a separate cost estimate would be provided at that time depending on
the number and size of sites identified for testing. Any testing would be geared to
satisfy both CEQA and Section 106 requirements.
1.3 Associated Utilities
The proposed tasks are described in detail below:
1. Sewer siphon. The Buena Sanitation District is requesting that their existing 12”
sanitary sewer siphon be relocated within the proposed Faraday Avenue. The
proposed sewer will connect to the existing sewer located at the City of Vista city
limits and to the existing sewer at the proposed Faraday Avenue crossing of the
existing siphon for a total distance of approximately 5880 feet. The preliminary
design effort includes route identification and coordination with the City of Vista.
2. Local sewer serving the Tchang development. A sanitary sewer will be
required within the proposed Faraday Avenue to serve the proposed Tchang
2385-01
April 2000Page 13
property. The City of Carlsbad will provide the approved sewer master plan with
the design flows. The sewer will begin at the proposed eastern roadway and
connect to the proposed South Agua Hedionda Sewer for a total length of
approximately 2200 feet. The preliminary design effort includes route
identification and coordination with the Tchang development
3. Domestic water line. A 12” PVC water line is proposed to be constructed within
the proposed Faraday Avenue from Orion Avenue east to the city limits for an
approximate length of 7400 feet. The preliminary design effort includes
identification of appurtenances, fire hydrants, and stub connection for the
Tchang property. The City will provide design flows and computer pipe system
network analysis. This proposal assumes the water system is in a single
pressure zone and that no pressure reducing facility will be required. --
4. Reclaimed water line. The proposed reclaimed water line will have the same
assumption and limits as the domestic water line.
Deliverables: Preliminary design of the associated utilities.
2385-01
April 2000Page 14
2. Carlsbad Oaks North Business Park EIR
COVERAGE OF THE EIR
This Program EIR will analyze the impacts associated with the actions necessary to
implement the proposed project which consists of 22 industrial lots and 4 open space
lots and the extension of Faraday Avenue from its existing eastern terminus in the City
of Carlsbad to its existing western terminus at the City’s eastern boundary. The
environmental review for this project will also include the South Aqua Hedionda sewer
interceptor from the project’s easterly boundary to the Faraday-El Fuerte intersection
and northwesterly to the Sunny Creek area to a point of proposed connection generally
known as the southeasterly corner of the Barlow property. The South Aqua Hedionda
interceptor frorl! this point westerly to its point of connection in El Camino Real at the
entrance to Ranch0 Carlsbad Mobile,Home Park has been designed and is part of the
Terraces project which has been approved and is currently under final design.
1.
2.
3.
4.
5.
General Plan Amendment (GPA97-05) - This amendment would amend the
General Plan Land Use Map to reflect the increased areas of open space and
reduced acres of planned industrial categories.
Zone Change (ZC97-05) - As proposed, a change is being requested to the
zoning designation from a planned community (PC) designation to planned
industrial (P-M) and open space (OS) to ensure consistency with the General
Plan.
Specific Plan No. 211 - The applicant is requesting adoption of a Specific Plan
to provide for orderly development of a 414 acre industrial park consistent with
City requirements.
Zone 16 Local Facilities Management Plan Amendment - This plan would be
revised to reflect the modifications in land use and changes in buildout
projections and facilities demands.
Tentative Map (CT97-13) - The applicant is proposing one tentative map to
subdivide and grade 22 industrial lots and 3 open space lots over the entire
property. Offsite improvements include Faraday Avenue between the property’s
western boundary and the easterly terminus of Faraday Avenue and the onsite
.and offsite alignment of the South Agua Hedionda Sewer Interceptor (SAHI).
The final subdivision map will be broken up into a number of smaller phases.
2385-M
April 2000Page 15
6.
7.
8.
Hillside Development Permit (HDP97-10) - The proposed grading must be
conducted in conformance with the City of Cartsbad Hillside Development
Ordinance.
Special Use Permit (SUP97-07) - A Flood Plain Special Use Permit is required
for development of the Faraday Ave. crossing over Agua Hedionda Creek.
State and Federal Permits - As part of the proposed project various State and
Federal permits will be required to implement the project. These permits include
but are not limited to: U.S Army Corps of Engineers 404 Permit; 401 Permit
from the Regional Water Quality Control Board plus FAA Review to look at
compatibility with the Palomar Airport Land Use Plan.
(No separate CDFG 1600 & 1603 permit or USFWS Section 7 consultation will
be required after the City HMP has been adopted).
PROJECT DESCRIPTION
Background
Carlsbad is a city with a population of approximately 78,000 people. The City is located
along the northern coast of San Diego County thirty miles north of downtown San
Diego. It is bordered to the north by the City of Oceanside, to the south by the City of
Encinitas, on the east by the Cities of Vista and San Marcos, and on the west by the
Pacific Ocean. Carlsbad has a combination of industrial, commercial and residential
development, including a large regional shopping center, and auto retail center, several
large industrial parks, the LEGOLAND California Educational Park, and a regional
airport. The City contains three lagoons, extensive agricultural areas and large tracts of
undeveloped land. The total area of the City of Carlsbad is approximately 40 square
miles.
In 1981 a general plan amendment was approved for the subject property which
modified the land use element to reflect 282 acres of industrial and 135 acres of open
space in the area that was shown as residential in the Valle Verde Planned Community
Plan making it compatible with the existing 187 acres of planned industrial along
Palomar Airport Road. A major factor in the deliberations on the General Plan
Amendment was the property’s location in relation to non-residential uses and Palomar
Airport. Industrial uses and open-space corridors were determined to be the most
appropriate use for this area.
2385-01
April 2000Page 16
-
In 1986, the Carisbad Airport Business Center Specific Plan (SP 200) was approved.
Although the proposed Carlsbad Oaks North Business Park site was included as Area
B of SP 200, the document set forth the detailed regulations, conditions and programs
for development of Area A which consists of 187 acres located directly to the south of
the project site. This area has been developed with industrial uses in accordance with
approval of SP 200. The split of the Specific Plan into the southern and northern parts
was determined to be the best mechanism to allow development of the southern portion
of the Specific Plan. In 1986, it was anticipated that an amendment to the Carlsbad
Airport Business Center Specific Plan would take place to include a more detailed
discussion of the northern portion of the Specific Plan. The proposed Specific Plan for
the Carlsbad Oaks North Business Park site covered by this EIR is proposed in lieu of
the amendment anticipated to address development of the site.
Site Location and Description
The proposed Carlsbad Oaks North Business Park is located on a 414-acre parcel
north of Palomar Airport Road, l/4 mile east of El Camino Real. The Carlsbad
Raceway is located approximately %-mile east of the project site. Immediately north of
the proposed project is the Dawson Los Monos Canyon Reserve. This sensitive area is
part of the University of California Natural Land and Water Resources system and is
used by the University for scientific and education purposes. The property is abutted
to the west by vacant county land and the Coast Waste Trash Transfer Station,
Carlsbad Safety Center and Faraday Industrial Park are located to the west at the
existing terminus of Faraday Avenue. The Carlsbad Airport Business Center (Carlsbad
Oaks) abuts the property to the south. Aqua Hedionda Creek in its southern fork
crosses the southerly portion of the site. This linear riparian woodland, consisting of
oaks, willows and sycamore trees, will be retained in this area, however, crossings will
occur with the alignment of Faraday Avenue both onsite and offsite to the west to Orion
Street along with the extension of El Fuerte Street and the alignment of the onsite
South Agua Hedionda Interceptor (SAHI) sewer line. Alternative alignments of public
infrastructure are proposed to enable selection of the least environmentally damaging
alternative to minimize the impact on the riparian habitat.
In general, the Carlsbad Oaks North Business Park site is characterized by three
different topographic areas: the north facing hillside slopes that extend down from the
existing Carlsbad Airport Business Center development to the south, the rocky hills
which cover the central and northern site areas, and the intervening east west canyon
drainage.
238501
April 2000Page 17
The property is currently included in the City draft HMP with a proposed “hardline”
4 designation identifying the preservation of open space. The ownership has negotiated
with the Wildlife Agencies and the City of Carlsbad and all have come to an agreement
as to the “hardline” areas for development and designation of open space areas. The
major open-space corridor is generally located along Aqua Hedionda Creek south of
proposed Faraday Avenue alignment. Another large open-space area is located along
the western and northern boundary adjacent to Dawson Los Monos Canyon Reserve.
These areas possess considerable biological significance as one of the few remaining
undisturbed riparian woodland systems in Southern California.
Planned Industrial (PI) and Open-Space (OS) land use designations surround the
Carlsbad Oaks North Business Park property on the north, south and west sides. On
the east side of the project within the City of Vista lies existing single-family residential
uses. The current General Plan designations for the property are PI and OS. The
current zoning for the entire property is Planned Community (P-C)
Proiect Descrbtion
The proposed General Plan Amendment retains the property’s PI and OS General
Plan land use designations, however, the land use boundaries are readjusted to
correspond with the areas proposed for open space and industrial land use. The
amendment would change from PI to OS the majority of the area south of the proposed
Faraday alignment. In addition, the PI designated areas north of Faraday have been
reduced in size and the open-space increased. The proposed zone change rezones
the PI designated property to Planned Industrial (P-M) and OS designated property to
Open Space (O-S). Of the 414 acres, 219.5 acres (53%) are proposed as open-space,
167.3 gross acres for industrial use, 0.6 acres for a sewer lift station or open-space and
26.6 acres of public street. Of the 167.3 gross acres of industrial, 129.8 acres will be
building pads.
The proposed Carlsbad Oaks North Business Park Specific Plan (SP No. 211) and
accompanying documents will provide a comprehensive set of guidelines, regulations
and implementation program to ensure orderly development of the entire Carlsbad
Oaks North project. The Specific Plan defines the allowable types and intensity of uses
and provides detailed development and design standards and criteria. Adoption of the
new Specific Plan will establish development criteria and standards in accordance with
the City of Carlsbad General Plan, Title 21 (Zoning Ordinance) of the Carlsbad
Municipal Code; the Zone 16 Local Facilities Management Plan, the Palomar Airport
Comprehensive Land Use Plan and the Carlsbad Habitat Management Plan.
The proposed tentative subdivision map would create 22 industrial lots ranging in size
from 3 acres to 20.7 acres and 4 open space lots. Proposed grading is balanced with
238501
April 2000Page 18
an estimated 2,660,OOO cubic yards of cut and 2,660,OOO cubic yards of fill necessary
for the Carlsbad Oaks North Business Park and onsite and offsite Faraday Avenue.
The following discussion summarizes the proposed onsite and offsite Faraday Avenue
road, sewer facilities including the onsite and offsite South Agua Hedionda Sewer
Interceptor (SAHI), drainage facility improvements, and provision of open space
necessary for the project:
Road Improvements
In addition to the standard industrial streets providing access to the individual parcels,
vehicular access to the site requires: 1) ‘the construction and dedication of Faraday
Avenue, a secondary arterial roadway, from the easterly project boundaries adjacent to
the City of Vista westerly through the property to offsite of the Carlsbad Oaks North
Business Park-property through County lands to Orion Street. (The County of San
Diego has agreed to dedicate the right-of-way as part of the settlement agreement for
the trash/transfer station with the City of Carlsbad.); and 2) the construction of El Fuerte
Street, a secondary arterial roadway, from its current northerly terminus northerly to
Faraday Avenue. The developer will be responsible for the construction of the onsite
streets and El Fuerte along with his fair share cost of offsite Faraday west of the
Carlsbad Oaks North Business Park property.
Sewer Facilities
Sewer service for Carlsbad Oaks North Business Park may include a phased approach.
In addition to the single phase alternative, which relies on the availablity of the South
Agua Hedionda Sewer Interceptor, a two phase approach will be analyzed as part of
the environmental study. The two phased approach is briefly described below.
Phase I
This phase would provide sewer service to generally the easterly half of the Oaks North
property. This sewer would gravity flow southerly to Faraday Avenue and then easterly
in Faraday Avenue into the City of Vista and into the Raceway Basin Lift Station. The
Raceway Basin Lift Station will need to be upgraded to accommodate the flows on an
interim basis from Phase I of Carlsbad Oaks North. This is an interim sewer
configuration and it will require a sewer service agreement between the City of
Carlsbad and the Buena Sanitation District. Buena Sanitation District has indicated that
they may be supportive of this option as an interim solution for sewer service for Phase
I.
2385-01
April 2000Page 19
Phase II/Option 1
This phase would delete the interim connection (Phase I) to the Raceway Basin Lift
Station. The gravity line in Faraday Avenue that flows east for Phase I would be
replaced with a line that flows west to the South Agua Hedionda Interceptor. If the new
South Agua Hedionda Interceptor has not been constructed to Faraday Avenue when
Phase II is ready to be constructed, then Phase II/Option 2 will be constructed.
Phase II/Option 2
This phase abandons the use of the Raceway Basin Lift Station and utilizes a gravity
system to a new pump station near El Fuerte and Faraday Ave within Lot No. 25. The
east flowing gravity line in Faraday Ave. would be replaced with a west flowing gravity
line to the new-pump station. A force main will then be constructed partially in Faraday
Ave. and then southwesterly in the existing Buena Interceptor easement across County
of San Diego property to El Camino Real just north of Palomar Airport Road. The
system would then continue southerly in El Camino Real to the Vallecitos Interceptor at
the south edge of the Carlsbad Industrial area.
Drainaae Facilities
All graded lots within Carlsbad Oaks North will be graded to direct flows into an onsite
temporary desiltation basin and then directly into an underground system. The major
onsite drainage system flows underground to Faraday Ave. and into two separate
pollution control basins prior to discharging into Aqua Hedionda Creek.
When Aqua Hedionda Creek crosses under Faraday Ave., a major
detention/sedimentation facility will be created (see Drainage Report from Rick
Engineering, dated June 30, 1998). The City Master Drainage Plan identified several
storm drains, and storm drain systems that were constructed with the original Carlsbad
Oaks project. The Drainage Master Plan (1994) also requires a major sedimentation
basin (BP/59,150 cubic yards) to be constructed offsite on the adjacent County of San
Diego property at the confluence of Aqua Hedionda Creek and a minor tributary within
the County property. The basin being proposed at Faraday Ave. may replace BP if
found to satisfy the need and requirements of the Drainage Master Plan.. In addition,
the Drainage Master Plan cost estimate includes a provision for a potential. bridge
structure (Paragraph BP on page 83) on Faraday Ave. across Aqua Hedionda Creek.
The Carlsbad Oaks North project is proposing an undersized crossing (a single box
culvert as identified in the Rick Engineering Hydrology Study not only for drainage
improvements but also for detention of the 100 year flood to protect downstream
property) that will negate the need for a bridge structure.
2385-01
April 2000Page 20
The Specific Plan addresses proposed site drainage and issues associated with project
runoff and Agua Hedionda Creek. All graded lots within the project site will be graded
to direct drainage into an onsite temporary desiltation basin and then directly into an
underground system that either connects to the major onsite drainage system or in
some cases of small drainage area, into a rock dissipater and then to a natural
drainage swale. The primary onsite system will extend within internal streets and offsite
via Faraday Avenue and eventually into two (maybe more) separate pollution control
basins as required prior to discharging into Agua Hedionda Creek. The two (possibly
more) pollution control basins are required to be constructed on the site by the City
Master Drainage Plan and as a filter to meet NPDES standards.
The discussion of drainage facilities proposed by the Specific Plan as well as a
hydrologic analysis of the proposed detention facilities prepared by Rick Engineering
will serve as the basis for this description.
Ooen Soace
Preservation of open space and particularly the large open space habitat corridor which
is part of the City’s HMP and wraps around the Specific Plan area from the northwest to
the southeast, is an important aspect of the Specific Plan. Open space constitutes the
largest single land use and much of the Specific Plan open space is in the large
continuous habitat corridor. Other proposed open space areas include employee
eating areas, a pedestrian trail with related PAR course equipment, landscape setbacks
and slope areas. All designated open spaces are to be maintained by the Carlsbad
Oaks North Business Park Association. Four open space categories are addressed
within the Carlsbad Oaks North Business Park Specific Plan area.
1. Open Space for Preservation of Natural Resources
The large open space habitat corridor, proposed to be preserved as part of the City’s
HMP, wraps around the Specific Plan area and consists of 219.5 acres of dedicated
open space (53% of the site). This area includes the preservation of Agua Hedionda
Creek as a significant and important environmental and aesthetic resource and a 300’
buffer on the north side adjacent to the Los Monos Canyon Reserve.
2. Open Space for the Managed Production of Resources
The project site has not recently been used for agriculture purposes or mined for
mineral reasons. No portion of the specific plan will be reserved for the production of
such resources.
2385-01
April 2000Page 21
3. Open Space for Outdoor Recreation
1.2 miles (6400 lineal feet) of pedestrian trail with areas for related PAR course
equipment and 0.8 acres of private recreation facilities/employee eating areas are
proposed.
4. Open Space for Public Health and Safety
The project consists of a limited amount of manufactured slopes to be maintained as
open space. 50’ landscaped setbacks along El Fuerte and Faraday and a 35’
landscape setback along the loop road are also proposed. Landscaping of these
setbacks will -provide an aesthetically pleasing thoroughfare as well as providing
additional distance between the travel lane and future buildings. In addition, a
significant landscape setback is being proposed on the easterly edge of the project
adjacent to the existing residential uses in the City of Vista.
AVAILABLE INFORMATION
The following studies and pertinent information are available for review and use in the
preparation of this Environmental Impact Report.
It should be noted that some of the studies/reports below prepared for the
proposed project may have been revised/amended, or may include
addenda/updates since original publication. In such cases, the Consultant shall
use the latest/most correct information available.
1. Carlsbad Oaks North Specific Plan, Prepared by O’Day Consultants, January 1999.
2. Draft Environmental Information for Carlsbad Oaks. Prepared by RECON, 1981,
3. Review of the Cultura! Resources of Carlsbad Oaks. Prepared by RECON, 1977.
The following technical studies prepared for the project along with those to be prepared by the
consultant will serve as the basis for the environmental analysis in the EIR:
Faraday Extension Biological Resources and Wetland Delineation Report,
prepared by Dudek & Associates dated August 1999 -
2385-01
April 2000Page 22
-.
“Existing Conditions/Biological Resources & Wetland Delineation Report for
Carlsbad Oaks North Business Park, City of Carlsbad, San Diego County, CA”
prepared by Dudek dated 12-9-97. (This document does not include an analysis
of impacts with recommended mitigation).
“Existing Conditions/Biological Resources and Wetlands Delineation Report for
Sewer Extension, Carlsbad Oaks North, City of Carlsbad, San Diego County,
CA” prepared by Dudek dated January 4.2000. (This document does not include
an analysis of impacts with recommended mitigation).
Ranch0 Carlsbad and Basin Project, Rick Engineering dated June 30, 1998
Offsite Faraday alternative alignment studies (,,A”, “B”, and “C”) prepared by
O’Day Consultants revised April 6, 1998 .
Colored Sewer phasing alternatives for Carlsbad Oaks North (onsite only)
prepared by O’Day Consultants, revised February 8, 2000.
“Preliminary Drainage Study for Carlsbad Oaks North” (onsite only), prepared
by O’Day Consultants dated July 3, 1997.
“Preliminary Geotechnical Investigation for the Proposed Carlsbad Oaks East,
Carlsbad, CA,” prepared by Woodward Clyde Consultants dated June 15, 1990.
Geotechnical Analysis Update, prepared by Geocon dated January 4, 2000
“Hydrology and Hydraulic Studies for Carlsbad Oaks North Business Park”,
prepared by Howard H. Chang dated April 1997.
Carlsbad Oaks North Business Park Traffic Impact Analysis, prepared by WPA
Engineering dated August 7, 1997 and a draft “Circulation Facility - Local
Facility Management Plan Zone 16” dated February 27, 1991.
New WPA traffic analysis being prepared (to be completed in 8 - 10 weeks from
March 2,ZOOO)
“Comprehensive Land Use Plan - McClellan-Palomar Airport, Carlsbad, CA
adopted April, 1994.
Zone 16 LFMP dated February, 1992
Airport Approach Zone
2385-01
April 2000Page23
CONSULTANT SERVICES
The consultant shall prepare a Program Environmental Impact Report for the Carlsbad Oaks
North Business Park Specific Plan and related applications which is acceptable to the City. The
Program EIR shall be prepared pursuant to all applicable state laws and shall conform to the
California Environmental Quality Act (CEQA) and State EIR guidelines particularly Section
15168 (Program EIR). The following topics shall be analyzed:
1. Air Quality
2. Archeologitil and Paleontological Resources
3. Biological Resources
4. Traffic/Circulation
5. Land Use Compatibility
6. Noise
7. Public Services/Utilities
8. Solid Waste
9. Visual Aesthetics/Grading
10. Water Quality/Hydrology
11. Population/Housing
12. Hazards
13. Geology/Soils
14. Cumulative Impacts
15. Growth Inducement
16. Alternatives
The consultant shall be responsible for the accuracy and completeness of all
information contained in the Final Draft EIR. If the Consultant does not wish to
accept responsibility for the information contained in the technical studies, the
Consultant shall provide to the City statements signed by the appropriate
technical consultant accepting responsibility for the accuracy and completeness
of any studies/reports prepared by that technical consultant. These signed
statements of responsibility shall be made a part of the appendices of the EIR.
The Consultant shall:
1) Obtain all reference material and conduct all research and field data collection
necessary to prepare the Program EIR.
2385-01
April 2000Page24
2) Identify, discuss and develop appropriate mitigation monitoring programs for any
impacts which may be associated with the short-term and/or long-term development of
the site.
3) Provide ten (10) screencheck draft documents for city staff review which will be
consistent with CEQA and the Carlsbad Environmental Protection Ordinance (Title 19 of
the Carlsbad Municipal Code) within ten weeks from entering into the agreement with
the City.
4)
5)
Within fifteen (15) weeks of entering into agreement with the City, provide ten (10)
copies of the revised Draft Program EIR text, including appendices and exhibits, which
incorporate staffs written recommendations and revisions to the screencheck Draft EIR,
in addition to the first draft of a Mitigation Monitoring and Reporting Program and
Candidate Findings of Fact.
Provide fifty-one (51) copies of the City-approved Draft ElR with appendices, exhibits,
and Mitigation Monitoring and Reporting Program. Twenty-five (25) of those copies
shall be in 3-ring, loose-leaf binders, and twenty-five (25) shall be spiral-bound copies.
One copy shall be an unbound reproducible copy.
6) Respond to comments made during the Draft Program EIR public review period. Within
three weeks after the close of the public review period, consultant shall submit written
responses to comments and provide ten (10) screencheck Final Program EIR
documents which include all comments on the Draft EIR. In addition, ten (10) copies of
the Candidate Findings of Fact incorporating staffs comments shall be submitted.
7) Provide ten (10) copies of the Final Draft EIR, including appendices and exhibits, which
shall incorporate staffs written recommendations and revisions to the screencheck Final
EIR, a Mitigation Monitoring and Reporting Program and a separate submittal consisting
of the Candidate Findings of Fact.
8) Provide fifty-one (51) copies of the City-approved Final Program EIR with appendices
and exhibits. Twenty-five (25) of those copies shall be in 3-ring, loose-leaf binders, and
twenty-five (25) shall be spiral-bound copies. One copy shall be an unbound
reproducible copy.
9) Attend up to ten (11) meetings, including but not limited to:
one (1) public scoping meeting
two (2) meetings with staff to discuss issues regarding the preparation of the
screencheck draft.
two (2) meetings with staff to review comments on the screencheck draft.
238541
April 2000Page25
. two (2) -meetings with staff to review responses to public comments and the final
draft.
. up to four (4) public hearings with presentations as necessary as determined by
City staff.
INTRODUCTION AND EXECUTIVE SUMMARY
The introductory chapter and executive summary is a required section under CEQA. This
section should provide sufficient detail to evaluate and review the environmental impacts of the
project, but not excessive detail. It may be used as a “stand alone” document.
Tasks: ---
1. The consultant shall prepare an introductory chapter and executive summary pursuant
to all applicable CEQA requirements. This section should identify the project location
and boundaries on detailed regional maps. It should include a general description of the
project’s technical, economic, and environmental characteristics. It should include a
statement briefly describing the intended uses of the EIR. Since this is a Program EIR,
this would include future projects which would implement the Specific Plan. It should
also list the agencies which are expected to use the EIR in their decision-making and
the approvals for which the EIR will be used. This section must itemize and discuss
briefly each significant effect of the project, as well as proposed mitigation measures
required and alternatives which would reduce or avoid that impact. It should identify
areas of controversy and issues raised by agencies or the public. Issues which would
remain to be resolved should be called out, including the choices among alternatives
and whether or how to mitigate the significant impacts.
The EIR shall comprehensively address and analyze the scope of issues identified and
described below:
AIR QUALITY
Proiect Background
Implementation of the proposed project will result in an incremental increase in local and
regional air pollution. Grading for the project may also contribute significantly to the generation
of fugitive dust. The San Diego Air Basin is classified as a “severe” non-attainment area for
both federal and state standards for ozone (smog). The San Diego Air Basin also exceeds the
state standard for airborne particulate matter.
238541
April 2000Page 26
Impacts from the project may include construction emissions, equipment exhaust, fugitive dust,
and vehicle emissions. The projects impact may be significant as the region presently does not
meet air quality standards. Additional mitigation measures may be necessary such as providing
for public transit in the project design and implementation of various Transportation Control
Measures (TCMs) to reduce trips, vehicle use, miles traveled, idling or traffic congestion.
Tasks:
1. The consultant shall discuss the project setting, including a review of the regional-
meteorology. The consultant shall review and address both short-term and long-term air
quality impacts of the project. The analysis should include consideration of any potential
emissions or-other hazardous conditions resulting from the planned industrial portion of the
project. Recommended analysis to determine emissions resulting from the project may
include:
a) Provision of a summary of required emissions data;
b) Calculations of air quality impacts and emissions during construction and
operation of the project; and,
cl Modeling of air quality impacts, including modeling of ambient air quality.
2. Air quality impacts shall be analyzed in regard to the following:
4 Project emissions from vehicular and stationary sources
b) Grading/Blasting and Construction
d) Compliance with federal and state standards as well as regional air quality
attainment plans.
3. The consultant shall identify the criteria used to determine significance; identify any
significant and less than significant, direct and indirect, impacts resulting from the project;
recommend appropriate mitigation measures as may be required; and, identify any impacts
remaining after implementation of the recommended mitigation measures.
ARCHAEOLOGICAL AND PALEONTOLOGKAL RESOURCES
The project site has the potential to contain archaeological and paleontological resources. The
1977 cultural resources evaluation prepared by RECON identified cultural resources sites within
238541
April 2000Page 27
. the project boundaries. However, the methods utilized in 1977 were less intensive than
currently required by the City.. The consultant shall prepare cultural resource reports for the
Carlsbad Oaks North Business Park project, the alternative alignments of onsite and offsite
Faraday Avenue and the onsite and offsite SAHI sewer line.
In addition, areas of the project site consist of soil formations which have a high potential to
contain fossils. Mass grading required for development of the proposed project may result in
potentially significant impacts to paleontological resources. These impacts may be mitigated to
below a level of significance by incorporation of a monitoring program and collection of fossils, if
any are identified during cutting.
The cultural resources report prepared by the consultant will be utilized as the basis for the
cultural resources and paleontological resources section of the EIR and will address the
following tasks:
Tasks:
1. The consultant shall prepare a cultural resources report for the Carlsbad Oaks North
Business Park project, onsite and offsite alternative alignments of Faraday Avenue and the
SAHI sewer.
2. The consultant shall demonstrate that the minimum qualifications for Cultural Resource
Professionals required by the “City of Carlsbad Cultural Resource Guidelines” dated
December 1990 are met. The consultant shall ensure that cultural resource reports consist
of the following:
l A literature review and record search for the property shall be completed.
l A field sun/ey of proposed development areas to identify archaeological sites shall
be completed.
l Testing of any sites identified shall be completed in conformance with the City’s
Guidelines to determine significance.
l Evaluation of the site with respect to soil types known to contain possible
paleontological resources. These areas shall be surveyed and mitigated if found
significant. The City has a standard two phased program which is required to be
undertaken to avoid possible significant impacts on paleontological resources.
3. All field work, research, report preparation and determinations of significance shall be done
in accordance with the requirements of the “City of Carlsbad Cultural Resource Guidelines”
dated December 1990.
2385-01
April 2000Page28
4. The consultant shall identify the criteria used to determine significance; identify any
significant and less than significant, direct and indirect, impacts resulting from the project;
recommend appropriate mitigation measures as may be required; and, identify any impacts
remaining after implementation of the recommended mitigation measures.
BIOLOGICAL RESOURCES
Proiect Backaround
Impacts to biological resources could occur with implementation of the project. Biological
resources and wetland delineation reports for the proposed Carlsbad Oaks North project, the
offsite Faraday Avenue extension, and offsite SAHI sewer line prepared by Dudek &
Associates, Inc. (which contain no impact analysis or mitigation proposals) have been prepared.
Additional biological surveys and reports shall be prepared by the consultant as detailed below.
The combination of biological surveys and wetland delineation conducted by the consultant and
Dudek & Associates will serve as the basis for the Biological Resources section of the EIR.
Mitigation for offsite SAHI and Faraday Avenue may be proposed in an appropriate offsite
habitat mitigation bank, or if no other mitigation bank is available, the City’s mitigation bank at
Lake Calavera (if appropriate) may be considered as an option. The biological resources
section will address the following tasks:
Tasks:
1.
0
l
l
0
2.
The consultant shall conduct the following biological surveys and wetland delineation:
Reconnaissance biological surveys of Faraday Avenue alternative alignments from Orion to
Carlsbad City limits.
Reconnaissance level wetland delineation for Carlsbad Oaks North Busniess Park including
Faraday Avenue and the proposed onsite SAHI sewer line from Carlsbad City limits at the
eastern property boundary through open space to the western boundary of the Tchang
property, offsite Faraday Avenue alternative alignments, and offsite SAHI alternative
alignments.
Focused sensitive species surveys for Carlsbad Oaks North Business Park including onsite
and offsite Faraday Avenue alternative alignments, and onsite and offsite SAHI sewer line
alternative alignments.
Reconnaissance level surveys of wetland vegetation on the Carlsbad Oaks North site as
well as that associated with offsite roadway and sewer line improvements.
Document existing conditions and identity project impacts and mitigation measures for
Carlsbad Oaks North Business Park as well as proposed alternative alignments of the
2385-01
April 2000Page2g
onsite and offsite extension of Faraday Avenue and onsite and offsite SAHI sewer line.
The existing conditions data base will consist of project-level vegetation mapping, a
summary of focused surveys for the federally-listed threatened California Gnatcatcher
and least Bell’s Vireo conducted for the project in 1996 and current focused surveys for
the California Gnatcatcher, least Bell’s Vireo, and Southwestern Willow Flycatcher, and
anecdotal observations of other sensitive species including the Narrow Endemics
required by the Habitat Management Plan, to be conducted for the Carlsbad Oaks
North Business Park project site, onsite and offsite Faraday Avenue extension, and the
onsite and offsite SAHI sewer line.
3.
4.
5.
6.
Utilizing current surveys conducted by the consultant and the wetland delineation studies
performed by Dudek and Associates for Carlsbad Oaks North, offsite Faraday extension
and the SAlUsewer, a formal wetland delineation shall be completed in accordance with the
requirements of the ACOE. The results of the wetland delineation will be incorporated into
the EIR and biological resources report.
The Consultant shall evaluate the proposed project for compliance with the approved
Habitat Management Plan and required implementation and mitigation measures.
Indirect impacts such as light, glare, noise and construction resulting from implementation
of the Carlsbad Oaks North Business Park Specific Plan on the HMP preserve areas and
Los Monos Canyon Reserve shall be analyzed.
The report shall identify the criteria used to determine significance; identify any significant
and less than significant, direct and indirect, impacts resulting from the project; recommend
appropriate mitigation measures as may be required; and, identify any impacts remaining
after implementation of the recommended mitigation measures.
TRAFFIC/CIRCULATION
Proiect Backaround
The industrial land uses proposed by the project will generate traffic both on and offsite and
have a corresponding change in the amount of traffic generated at these locations. The
proposed scope of the project has the potential to have traffic impacts on areas outside the City
of Carlsbad. As a result, a traffic analysis is required to evaluate the impacts of the proposed
project. WPA Engineering is currently preparing a traffic analysis for the proposed project that
will serve as the basis for this section of the EIR. Third party review of the traffic analyses will
be conducted by the City’s consultant, Susan 0-Rourke, to ensure that it is consistent with the
City’s draft “Scope of Work for Traffic Impact Report” which is being utilized by major projects in
the vicinity of the project. The above mentioned “Scope of Work for Traffic Impact Report” is
attached.
2385-01
April 2000Page 30
Tasks:
1. The consultant shall assemble the findings and proposed mitigation (i.e., identify the
criteria used to determine significance; identify any significant and less than significant,
direct and indirect, impacts resulting from the project; identify mitigation measures as
may be required; and, identify any impacts remaining after implementation of the
recommended mitigation measures) of the traffic analyses prepared by WPA which
includes an analysis of the regional and cumulative impacts of the project including
offsite extension of Faraday Avenue and a Congestion Management Plan.
Note: Congestion management measures, such as carpooling, flex hours, etc.,
proposed. to mitigate traffic impacts should be evaluated to determine whether
enforcement provisions are included.
2. The components of the traffic/circulation analysis should include vehicular traffic, public
transportation, bike and pedestrian traffic, and parking. An evaluation of the pedestrian
and bicycle circulation system for potential hazards shall also be completed.
3. The consultant‘s analysis should make a determination as to the provision of adequate
access to adjacent properties in compliance with City of Carlsbad access requirements.
LAND USE COMPATIBILITY
Proiect Backaround
The Carlsbad Oaks North Business Park project including offsite Faraday Avenue and the SAHI
sewer requires a General Plan Amendment, Zone Change, Specific Plan, Tentative Map,
Hillside Development Permit, and a Special Use Permit. The City’s draft Habitat Management
Plan (HMP) for the property has established the areas to be preserved and those areas which
may be developed. The General Plan Amendment and the Zone Change proposed as a part of
the project would involve modifications to the existing land use and zoning designations to
reflect the increased areas of open space and the reduction in planned industrial categories
necessary to accommodate the HMP preserve boundaries.
Land uses adjacent to the project site include residential, industrial and vacant land. Existing
residential uses are located immediately to the east of the site within the City of Vista. Existing
industrial and business park uses are located to the south of the site. Vacant land immediately
borders the site to the west and north with business park and residential uses in the project
vicinity to the east of the site. The proposed offsite Faraday Avenue extension and SAHI sewer
pipeline would extend to the west and north through areas characterized by vacant land,
agricultural land, and single family residential areas.
2385-01
April 2000Page 31
The project is within the Airport Influence Area for McClellan Palomar Airport. A portion of the
property falls within the Airport Flight Activity zone. The Comprehensive Land Use Plan (CLUP)
for the airport contains requirements in regard to land use compatibility, noise impacts, and
height restrictions.
Tasks:
1.
2.
3.
4.
5.
6.
7.
8.
The consultant shall describe the environmental setting of the project. This will include a
discussion of any inconsistencies between the proposed project and the City’s adopted
General Plan and zoning, and any applicable regional plans. The consultant shall
examine the existing physical conditions as well as the potential future conditions.
The consultant shall perform a detailed project review to confirm the project’s
compliance with City ordinances and policies. The ordinances and policies shall include:
(a) the City of Carlsbad General Plan, (b) the Habitat Management Plan, (c) the
Comprehensive Land Use Plan (CLUP) for McClellan-Palomar Airport, (d) the Carlsbad
Zoning Ordinance (Title 21) including the Planned Industrial and Open Space Zones,
Hillside Development Regulations, Floodplain Regulations, and Growth Management
Chapter, (e) Landscape Manual/Fire Suppression, (f) Open Space and Conservation
Resource Management Plan, (g) and Subdivision Regulations (Title 20).
The consultant shall analyze the land use compatibility between the proposed
development and surrounding residential development particularly areas of special
concern such as existing residential uses located immediately to the east of the site.
The consultant shall analyze the land use compatibility between the proposed
development and the Los Monos Canyon Reserve.
The consultant shall analyze the impacts of the proposed General Plan Amendment,
Specific Plan and related applications on the subject site.
The consultant shall analyze the project’s compatibility with McClellan-Palomar Airport in
terms of proposed !and uses, noise and height restrictions.
The consultant shall analyze the adequacy of provisions in the Specific Plan for
commercial services and recreational opportunities to serve the needs of future
employees and the impacts to surrounding development associated with any
inadequacies.
The consultant shall address compatibility issues associated with construction of the
offsite sewer line. Issues associated with the sewer line include proximity to sensitive
receptors, odor impacts, construction impacts, and consistency with environmental goals
of the City of Carlsbad General Plan and HMP.
2385-01
April 2000Page 32
9. The consultant shall address compatibility issues associated with the construction of
onsite and offsite Faraday Avenue. Issues associated with the roadway include proximity
to sensitive receptors, construction impacts including a possible rock crushing operation,
and consistency with environmental goals of the City of Carlsbad General Plan and HMP.
10. The consultant shall identify the criteria used to determine significance; identify any
significant and less than significant, direct and indirect, impacts resulting from the
project; recommend appropriate mitigation measures as may be required; and, identify
any impacts remaining after implementation of the recommended mitigation measures.
NOISE
Proiect Backaround
The project site is currently subject to noise impacts from Palomar Airport Road and activities at
the nearby McClellan-Palomar Airport. Increases in air traffic as well as automobile traffic
volumes in the area resulting from the extension of Faraday Avenue and El Fuerte Street, will
add incremental noise. Noise associated with construction of the Carlsbad Oaks North
Business Park as well as the onsite and offsite SAHI sewer and Faraday Avenue (which may
require blasting and a rock crushing operation) will impact sensitive receptors in the area.
Implementation of the project will generate additional noise due to industrial operations and
outdoor mechanical equipment. Sensitive receptors onsite and offsite include future
employees, existing single-family residences located immediately to the east of the site, and
wildlife corridors to the north, south, and west including the Los Monos Canyon Reserve.
Tasks:
1. The consultant shall prepare an acoustical analysis for the Carlsbad Oaks North
Business Park including onsite and offsite Faraday Avenue and the SAHI sewer. The
noise study shall analyze the existing and future noise environment of the project site.
The analysis shall include both exterior and interior noise impacts. The analysis shall
determine the need for any exterior or interior mitigation measures to provide adequate
protection to receptors from noise levels associated with the identified noise sources.
The study shall be performed in accordance with the methodological requirements of the
Carlsbad Noise Guidelines Manual.
2. The policies of the Noise Element of the General -Plan shall be consulted to assure
proposed mitigation measures do not conflict with the General Plan.
3. The McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP) shall also be
reviewed to determine whether the identified noise levels and proposed land uses will be
2385-01
April 2000Page 33
compatible and what additional requirements of the CLUP shall be imposed on the
project.
4. The consultant shall identify the criteria used to determine significance; identify any
significant and less than significant, direct and indirect, impacts resulting from the
project; recommend appropriate mitigation measures as may be required; and, identify
any impacts remaining after implementation of the recommended mitigation measures.
PUBLIC SERVICES AND UTILITIES
Proiect Backwound
The proposed project includes a Specific Plan that addresses public facilities necessary to
serve the Carlsbad Oaks North Business Park project. The proposed sewer alternatives
include service provision by the Vista Sanitation District on an interim basis and the City of
Carlsbad. The Public Facilities Element of the Specific Plan and amendment to the Zone 16
Local Facilities Management Plan will serve as the basis for this section and addresses the
following tasks:
Tasks:
1. The consultant shall describe the project setting and shall determine the demands of the
entire project for the following: (a) water; (b) reclaimed water, (c) sewer; (d) sewer
treatment capacity; (e) drainage facilities; (f) gas and electric services; (g) schools; (h)
parks; (i) police services; and (j) fire protection.
2. The consultant shall determine the ability of the agencies providing the services in item
number 1 above to meet the demands of the proposed project in order to conclude
whether a significant impact will be created.
3. The emergency response plans of the City of Carlsbad shall be analyzed in conjunction
with the proposed project to determine if the project will interfere with existing plans.
4. The consultant shall identify the criteria used to determine significance; identify any
significant and less than significant, direct and indirect, impacts resulting from the
project; recommend appropriate mitigation measures as may be required; and, identify
any impacts remaining after implementation of the recommended mitigation measures.
2385-01
April 2000Page 34
SOLID WASTE
Proiect Backaround
The development of the project may contribute to significant cumulative impacts to solid waste
generation and disposal.
Tasks:
1. The consultant shall determine the solid waste volumes generated and methods of
disposal, to include cornposting and recycling, for both construction and maintenance of
the project.
2. The consultant shall evaluate available landfill capacity.
3. The consultant shall recommend mitigation to ensure that the cumulative impacts of
solid waste disposal comply with the goals of the California Integrated Waste
Management Act of 1989 (A.B. 939).
4. The consultant shall identify the criteria used to determine significance; identify any
significant and less than significant, direct and indirect, impacts resulting from the
project; recommend appropriate mitigation measures as may be required; and, identify
any impacts remaining after implementation of the recommended mitigation measures.
VISUAL AESTHETICS/GRADING
Proiect Backaround
The project site contains large variations in elevation because of the existing landforms which
include canyons and steep slopes. Large volumes of grading are proposed to develop the site.
In addition, grading is to occur in phases as described in the Specific Plan. Potential visual
impacts associated with cut and fill slopes in the hillside topography due to the ccnstruction of
streets and building pads, and the eventual construction of buildings, has the possibility of
creating significant grading/landform and aesthetic impacts.
Tasks:
1. The consultant shall analyze the proposed landform alteration for compliance with the
City’s Hillside Development Ordinance and Landscape Guidelines.
2385-01
April 2000Page 35
2.
3.
4.
5.
6.
7.
The consultant shall review the development standards of the proposed Specific Plan to
determine if the standards for unit placement, architecture, and building height along
ridgelines and other highly visible locations will allow structures to be built that would
have a significant negative visual impact,
An evaluation of the aesthetic impacts associated with the proposed phasing of grading
particularly with stockpile and borrow sites shall be completed.
The proposed grading phases shall be evaluated for ways to ensure minimal impacts to
surrounding areas.
Visual simulations of each proposed grading phase as well as the completed final
graded project shall be prepared and evaluated. --
Visual simulations depicting the proposed maximum building heights and land use
intensity permissible by the specific plan shown on the proposed final grades shall also
be prepared.
The consultant shall identify the criteria used to determine significance; identify any
significant and less than significant, direct and indirect, impacts resulting from the
project; recommend appropriate mitigation measures as may be required; and, identify
any impacts remaining after implementation of the recommended mitigation measures.
WATER QUALITY/HYDROLOGY
The Specific Plan addresses proposed site drainage and issues associated with project runoff
and Agua Hedionda Creek. All graded lots within the project site will be graded to direct
drainage into an onsite temporary desiltation basin and then directly into an underground
system that either connects to the major onsite drainage system or in some cases of small
drainage area, into a rock dissipater and then to a natural drainage swale. The primary onsite
system will extend within internal streets and offsite via Faraday Avenue and eventually into two
separate pollution control basins required prior to discharging into Agua Hedionda Creek. The
two pollution control basins are required to be constructed on the site by the City Master
Drainage Plan and as a filter to meet NPDES standards. The City has recently studied the
drainage basin as part of an overall flood control project related to the Ranch0 Carlsbad Mobile
Home Park downstream of the proposed project. The results of the City’s drainage study as
well as the necessary modifications and flood control facilities need to be incorporated into the
project.
2365-01
April 2000Page 36
,-
The discussion of drainage facilities proposed by the Specific Plan as well as a hydrologic
analysis of the proposed detention facilities prepared by Rick Engineering will serve as the
basis for this section and will address the following tasks:
Tasks:
1.
2.
3.
4.
5.
6.
7.
8.
Using available data, the consultant shall describe the hydrological setting (existing
hydrological conditions) of the site and general drainage characteristics. A discussion of
existing water quality, based on available RWQCB data for the project, shall also be
included in the EIR.
The consultant shall evaluate the proposed drainage systems adequacy in regulating
the discharge rates of drainage from the project site.
The consultant shall evaluate the degree to which the project will alter existing drainage
patterns to determine if a significant impact will be created.
The consultant shall address and recommend appropriate mitigation measures to
reduce erosion potential onsite.
The consultant shall analyze and evaluate the potential impacts to the Agua Hedionda
and Los Monos Creeks and Agua Hedionda Lagoon resulting from the implementation
of the project including construction of the onsite and offsite Faraday Avenue and the
SAH I sewer.
The consultant shall evaluate the proposed project for National Pollutant Discharge
Elimination System permit compliance. The basin(s) size and a maintenance program
shall be addressed.
The consultant shall evaluate the proposed project for impacts to wetlands.
The consultant shall identify the criteria used to determine significance; identify any
significant and less than significant, direct and indirect, impacts resulting from the
project; recommend appropriate mitigation measures as may be required; and, identify
any impacts remaining after implementation of the recommended mitigation measures.
2385-01
April 2000Page 37
POPULA T/ON/HOUSING
Proiect Backaround
The project proposes development of industrial uses. Development of other property in the
area may be induced by development of the project.
~- Tasks:
1. The consultant shall analyze the proposal to determine if it will induce substantial growth
in the area either directly or indirectly.
2. The consultant shall analyze for conformance with the General Plan Housing Element
the impact associated with the demand for housing affordable to low and moderate
income groups resulting from the creation of new low and/or moderate wage jobs.
3. The consultant shall identify the criteria used to determine significance; identify any
significant ‘and less than significant, direct and indirect, impacts resulting from the
project; recommend appropriate mitigation measures as may be required; and, identify
any impacts remaining after implementation of the recommended mitigation measures.
HAZARDS
Proiect Backaround
Given the site’s proximity to natural vegetation, the Agua Hedionda Creek, and the Flight
Activity Zone for the airport, the project has the potential to be impacted by a number of
different types of hazards. They include natural hazards such as floodplains, high fire hazard
areas, and airplane crashes. Additionally, implementation of the project has the potential to
impact surrounding uses due to the accidental release of hazardous materials. These potential
hazards as they relate to the project require analysis to determine if project approval would put
persons and property at an unacceptable risk.
2385-01
April 2000Page38
Tasks:
1. The consultant shall evaluate all available floodplain mapping and source documents to
determine the boundaries of the floodplain as they apply to the project site. Grade
alterations proposed by the development shall be reviewed to determine their impact on
the floodplain. The consultant shall also review the City of Carlsbad Floodplain
Regulations to determine if the project is ‘in compliance with the requirements contained
within the ordinance.
2. The consultant shall identify and analyze the significance of any impacts to surrounding
land uses that could occur due to the accidental release of hazardous materials from
industrial uses and recommend necessary mitigation measures.
3. The consultant shall identify the areas of the project site which are considered to be high
fire hazard areas. The City’s Fire Marshal shall be consulted as to the acceptability of
proposed development sites adjacent to high fire hazard areas as well as possible
mitigation measures needed to reach an acceptable level of safety.
4. The consultant shall identify the criteria used to determine significance; identify any
significant and less than significant, direct and indirect, impacts resulting from the
project; recommend appropriate mitigation measures as may be required; and, identify
any impacts remaining after implementation of the recommended mitigation measures.
GEOLOGY/SOILS
Proiect Backaround
A variety of soil conditions exist on the project site. A geotechnical analysis prepared by
Geocon for Carlsbad Oaks North Business Park and offsite Faraday and a consultant prepared
geotechnical analysis prepared for the onsite and offsite SAHI sewer will serve as the basis for
this section which will address the following tasks:
Tasks:
1. The consultant shall prepare an environmental site assessment evaluating the absence
or presence of hazardous materials.
2385-01
April 2000Page 39
2. The consultant shall prepare a geotechnical investigation report including research, field
studies, laboratory testing, and geotechnical analysis for the offsite SAHI sewer line
alternatives and/or review current soils reports prepared by Geocon for the project.
3. The consultant shall describe the geological setting, including existing soil and geologic
conditions. The EIR shall include an evaluation of the adequacy of the site for the
proposed development, particularly with regard to unstable soils, landslides, rocky soils,
fault rupture, seismic ground shaking, subsidence, settlement, surcharging, liquefaction,
and groundwater impacts.
4. The consultant shall also evaluate the need for blasting. The environmental impacts
such operations would have particularly on adjacent developed properties and/or
environmentally sensitive habitat areas should be discussed under the noise, biological
resources, and land use compatibility sections.
5. The consultant shall also evaluate the need for a rock crushing operation. The
environmental impacts such operations would have particularly on adjacent developed
properties and/or environmentally sensitive habitat areas should be discussed under the
noise, biological resources, and land use compatibility sections.
6. The consultant shall identify the criteria used to determine significance; identify any
significant and less than significant, direct and indirect, impacts resulting from the
project; recommend appropriate mitigation measures as may be required; and, identify
any impacts remaining after implementation of the recommended mitigation measures.
CUMULATIVE IMPACTS
The development of the proposed project may lead to several cumulative impacts which need
to be addressed. These cumulative impacts may include, but may not be limited to: (a)
degradation of air quality; (b) increased traffic congestion; (c) increased requirements for public
facilities/utilities; (d) habitat loss; and (e) increased demand for affordable housing.
Tasks:
1. As required by CEQA, the EIR shall address cumulative impacts for the proposed
project. This shall include an identification of past, present, and reasonably anticipated
future projects producing related or cumulative impacts, and shall include a summary of
the environmental impacts expected to result from those projects. It should contain an
analysis of the cumulative impacts of relevant projects and any reasonable options for
mitigating or avoiding any significant cumulative impacts of the proposed project.
2385-01
April 2000Page 40
2. The consultant shall identify the criteria used to determine significance; identify any
significant and less than significant, direct and indirect, impacts resulting from project;
recommend appropriate mitigation measures as may be required; and, identify any
impacts remaining after implementation of the recommended mitigation measures.
GROWTH INDUCEMENT
The proposed development will require the construction of new major public facilities such as
Faraday Avenue, El Fuerte , and the South Agua Hedionda Interceptor sewer line.
--- Tasks:
1. As required by CEQA, the EIR shall address the impacts of growth inducement created
by the proposed project.
2. The consultant shall identify the criteria used to determine significance; identify any
significant and less than significant, direct and indirect, impacts resulting from the
project; recommend appropriate mitigation measures as may be required; and, identify
any impacts remaining after implementation of the recommended mitigation measures.
AL TERNA TIVES
As required by CEQA, the consultant shall analyze various project alternatives and provide an
assessment of the potential impacts associated with each alternative. The consultant shall
include in the EIR some discussion of why each of the selected alternatives was chosen for
analysis. The consultant shall provide a listing of the environmental advantages and
disadvantages of each alternative. The alternatives shall include the following:
1. Proiect Alternative 1 - “No Proiect” Alternative - This alternative shall analyze the
impacts associated with no development on the entire site.
2. Proiect Alternative 2 - “Environmentally Suoerior/Reduced lmoact Alternative” - This
alternative would be based on the results of a biology study to avoid sensitive habitat
and/or wetland impacts. It should also analyze a project plan reduced/modified to
address potential land use compatibility impacts associated with the project’s proximity
to the adjacent residential development to the east, the Los Monos Canyon Reserve to
the north, and the Agua Hedionda Creek to the south.
2385-01
April 2000Page 41
3. Proiect Alternative 3- “Alternative Sites Analvsis” - An EIR typically is required to
analyze an offsite project alternative. However, for this EIR, staff has determined that
there is no remaining industrial land not developed or proposed for development to
consider as a feasible offsite alternative location for the project.
4. Proiect Alternative 4 - “Alternatives Considered But Rejected” - This alternative consists
of the existing General Plan Land Use Designations for the property with building area
calculated based on deducting constrained lands identified in the Carlsbad Municipal
Code. This alternative should be included but rejected because of the habitat impacts it
would create.
CEQA MANDATED SECTIONS
The consultant shall include all sections mandated by CEQA in the EIR.
FORMAT
The EIR document shall be prepared in conformance with the “Required Format and Contents
of an Environmental Impact Report for the City of Carlsbad”.
2385-01
April 2000Page42
.-
3. Final Design (PS&E)
The final design scope of work includes the roadway and the associated utilities. The final
design actual scope of work could change based on the outcome of the EIR. The final design
scope of work does not include the South Agua Interceptor Sewer
3.1 Faraday Avenue Extension
1: Right-of-way documents
Right-of-way dedication plats will be prepared as required to support the City’s acquisition of
right-of-way and-slope/construction easements. Legal descriptions of the easements and right-
of-way parcels will be provided.
2: Geotechnical investigation
Our proposed scope of services to prepare the geotechnical investigation report will include
research, field studies, laboratory testing, and geotechnical analysis. Our services will be
performed to provide a summary of the general geologic conditions, evaluate the geologic
hazards that may be associated with the site, provide a geotechnical assessment of the existing
conditions, and develop geotechnical recommendations for use during design and construction.
We will backfill all trenches and boring with native soils, however, we will not be responsible for
long-term maintenance of these borings as settlement of the backfill may occur.
3: lmprovemen t P Ian Prepafa tion
Prepare plan and profile drawings in City of Carlsbad format at a scale of 1” = 40’ for the entire
alignment (approx. 7 sheets) in accordance with the approved preliminary design. The
connections to the existing roads at east and west ends will be shown. Plans to include
horizontal control data for the centerline, curb data, and centerline profile. Horizontal layout
data and profiles for storm drains will be shown. Curb profiles will be shown as necessary.
Street lighting will be included on the improvement plan sheets. Signage. striping and marking,
and erosion control plans will be provided on separate sheets. No traffic signals or traffic
control plans are included in the project.
4: Grading Plan Preparation
Prepare a grading plan for the project at a scale of 1” = 40’. The grading plan will show
finished contours, as well as spot elevations along the right-of-way line or as needed to define
the finished grades. The plans will include the grading of the two detention basins shown on
the preliminary alignment study by O’Day Consultants.
2385-01
April 2000Page 43
C
5: Drainage Study
Prepare a drainage study to support the design of the drainage facilities in the project. We
understand that a separate drainage study will be prepared by others for the area within the
Tchang parcel Tentative Map. The drainage study for Faraday Avenue will incorporate
information supplied by others to address flows being discharged from the Chang development
and will not include an analysis of conditions within the Chang development. The information to
be supplied by the engineers for the Chang parcel will include an estimate of required storage
volume and inflow and oufflow hydrographs for the two detention basins. The design of the
outlet works is to be supplied by others as part of the subdivision drainage calculations. The
study will utilize existing data from the County of San Diego the City’s Master Plan and other
sources as provided by the City to obtain flow rates on the main channel of Agua Hedionda
Creek.
6: Landscape and Irrigation Plans
Landscape and irrigation plans will be provided for the roadway and all graded slopes. Areas
disturbed by construction will be revegetated.
7: Cost Estiinates
A cost estimate will be prepared and submitted with the 70% plan submittal. The estimate will
include earthwork quantities. The estimate will then be updated with each subsequent
submittal.
8: Processing
Plans will be submitted to the City for plan check at the 70%, 90% and 100% completion levels.
KHA will discuss comments with the City’s project manager and plan checkers as required to
obtain approval of the design.
9: Geotechnical Review
The 90% complete plans will be reviewed by the Geotechnical Engineer. This effort will consist
of geotechnical review of the plans to verify the geotechnical recommendations have been
properly incorporated into the project design. Specifically we propose to perform the following:
D Perform a geotechnical review of the project grading plans and grading specifications. The
review will be performed to:
= Confirm recommended subdrains, slope buttresses, and other remedial measures are
properly identified.
n Identify whether design information conflicts with the intent of the geotechnical
recommendations.
2385-01
April 2000Pase 44
10: Utility Coordination
The Kimley-Horn team will coordinate with affected utility companies in conformance with the
Engineering Department Project Development Manual.
77: Schedule
The project schedule that was developed in the preliminary design phase will be updated on a
monthly basis and submitted with each monthly progress report.
7 2: Cross-sections
One set of cross sections of the roadway prism will be prepared at lOO-foot stations. Unless
otherwise requested by the City, the cross sections will be provided with the 70% submittal.
13: Meetings ---
The Kimley-Horn team will attend up to eight monthly progress meetings at the City’s offices.
Each meeting will be documented by written minutes, which will distributed in draft form to
meeting participants to allow comment and revision if required.
5.2 Associated Utilities
I.
2.
3.
Sewer siphon. The Buena Sanitation District is requesting that their existing 12”
sanitary sewer siphon be relocated within the proposed Faraday Avenue. The
proposed sewer will connect to the existing sewer located at the city limits to the
existing sewer at the proposed Faraday Avenue crossing of the existing siphon for a
total distance of approximately 5880 feet. The design effort includes plan and
profile sheets at a scale of I”=40 for the siphon as well as a separate siphon detail
sheet. The effort does not include any design within the City of Vista or outside of
the proposed Faraday Avenue right-of-way.
Local sewer serving the Tchang development. A sanitary sewer will be required
within the proposed Faraday Avenue to serve the proposed Tchang property. The
City of Carlsbad will provide the approved sewer study with the design flows. The
sewer will begin at the proposed eastern roadway and connect to the proposed
South Agua Hedionda Sewer for a total length of approximately 2200 feet. The
design effort includes 1”=40’ scale plan and profile sheets and a separate detail
sheet. The effort does not include any design outside of Faraday Avenue.
Domestic water line. A 12” PVC water line is proposed to be constructed within
the proposed Faraday Avenue from Orion Avenue east to the city limits for an
approximate length of 7400 feet. The design effort includes 1”=40’ scale plan and
2385-01
April 2000Page 45
profile sheets and associated details. The design will include appurtenances, fire
hydrants, and stub connection for the Tchang property. The City will provide design
flows and computer pipe system network analysis. This proposal assumes the
water system is in a single pressure zone and that no pressure reducing facility will
be required.
4. Reclaimed water line. The proposed reclaimed water line will have the same
assumption and limits as the domestic water line and will be shown on the same
plan and profile sheet.
2385-01
April 2000Page46
Attachment rrBy’
WKITYNATIONAI.BANK Exhibit 4
[X]CITY NATIONAL BANK [ ICITY NATIONAL BANK
INTERNATIONAL DEPT. INTERNATIONAL DEPT. 606 SOUTH OLIVE STREET, STE 300 351 CALIFORNIA STREET
LOS ANGELES, CA 90014 SAN FRANCISCO, CA 94104 SWIFT ADDRESS:CINAUSGL TLX No. 825717 TLX No. 6771223 TEL No.(213) 347-2300 TEL No. (415) 576-2700 FAX No.(213) 347-2327 FAX No. (415) 362-4549
ISSUE DATE: 05/24/00 (PAGE 1 OF 2)
IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 000511.0D.1172
BENEFICIARY: CITY OF CARLSBAD 1635 FARADAY AVE CARLSBAD, CA 92008
APPLICANT: TECHBILT CONSTRUCTION CORP 3575 KENYON ST. SAN DIEGO, CA 92110
AMOUNT: USD 410,739.OO four hundred ten thousand seven hundred thirty nine exactly U.S. Dollars
EXPIRY DATE AND PLACE: 06/01/2001 ISSUING BANK, INT'L DEPT.
GENTLEMEN:
WE HEREBY.ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT N0.000511.OD.1172 IN THE AMOUNT OF FOUR HUNDRED TEN THOUSAND, SEVEN HUNDRED AND THIRTY NINE U.S.DOLLARS ($410,739.00) IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA, HEREINAFTER REFERRED TO AS "CITY", ISSUED IN CONNECTION WITH THE REQUIREMENTS OF THAT CERTAIN AGREEMENT ENTERED INTO BETWEEN CITY AND TECHBILT CONSTRUCTION CORP., HEREINAFTER REFERRED TO AS "PRINCIPAL", COVERING CERTAIN PROFESSIONAL SERVICES TO BE DONE FOR THAT CERTAIN SUBDIVISION KNOWN AND DESIGNATED AS CARLSBAD OAKS NORTH BY PRINCIPAL AND IN ACCORDANCE WITH SAID AGREEMENT BETWEEN CITY AND PRINCIPAL FOR PAYMENT OF PRELIMINARY ENGINEERING AND EIR CONSULTANT SERVICES. THIS LETTER OF CREDIT IS AVAILABLE TO CITY AGAINST CITY'S DRAFT(S) DRAWN AT SI.GHT ON CITY NATIONAL BANK, INTERNATIONAL DEPARTMENT, LOS ANGELES, CALIFORNIA WHEN ACCOMPANIED BY DOCUMENTS AS SPECIFIED BELOW: 1. THIS ORIGINAL STANDBY LETTER OF CREDIT, AMENDMENTS IF ANY. 2. CITY'S WRITTEN STATEMENT STATEMENT (SIGNED BY THE PUBLIC WORKS DIRECTOR, CITY MANAGER, OR CITY ATTORNEY) CERTIFYING THAT "KIMLEY HORN AND ASSOCIATES, INC. HAS SUBMITTED A VALID INVOICE FOR SERVICES, IN ACCORDANCE WITH THE PROFESSIONAL SERVICES AGREEMENT APPROVED AND AUTHORIZED BY RESOLUTION 2000-137, THAT ARE TO BE FUNDED BY THE PRINCIPAL AS NOTED ON A CERTAIN EXHIBIT "A" FOR WHICH THE AMOUNT DUE EXCEEDS THE AMOUNT OF FUNDS ON ACCOUNT WITH THE CITY AS DESCRIBED IN THE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND PRINCIPAL FOR PAYMENT OF PRELIMINARY ENGINEERING AND EIR CONSULTANT, AND FURTHER THAT THE AMOUNT OF THE DRAFT ACCOMPANYING THIS STATEMENT IS NOW DUE AND PAYABLE."
#‘Km N~mui. BANK
-
IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 000511.0D.1172 (PAGE 2 OF 2)
SPECIAL CONDITIONS: 1. PARTIAL DRAWINGS ARE PERMITTED.
2. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR A PERIOD OF ONE (1) YEAR FROM THE EXPIRY DATE HEREOF AND ANY FUTURE EXPIRY DATE, UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY EXPIRATION DATE, WE SHALL NOTIFY THE CITY CLERK IN WRITING BY REGISTERED MAIL, RETURN RECEIPT REQUESTED OR BY OVERNIGHT COURIER SERVICE AT THE ABOVE ADDRESS, THAT WE ELECT NOT TO RENEW THIS LETTER OF CREDIT FOR ANY SUCH ADDITIONAL PERIOD.
UPON RECEIPT BY CITY OF SUCH NOTICE CITY MAY AUTOMATICALLY DRAW THE FULL AMOUNT REMAINING ON THIS LETTER OF CREDIT BY A CLEAN DRAFT, WITH NO SUPPORTING DOCUMENTS, AND CITY NATIONAL BANK WILL - PAY CITY UPON RECEIPT OF SUCH DRAFT.
EACH DRAFT MUST STATE "DRAWN UNDER CREDIT NO. 000511.0D.1172 OF CITY NATIONAL BANK, LOS ANGELES, CALIFORNIA."
WE HEREBY ENGAGE WITH YOU THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS CREDIT SHALL BE DULY HONORED IF PRESENTED FOR PAYMENT AT THE OFFICE OF CITY NATIONAL BANK, INTERNATIONAL DEPARTMENT, 606 SOUTH OLIVE STREET, SUITE 300, LOS ANGELES, CALIFORNIA 90014 ON OR BEFORE THE EXPIRATION DATE OF THIS CREDIT.
EXCEPT SO.FAR AS OTHERWISE EXPRESSLY STATED, THIS CREDIT IS ISSUED SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998 ("ISP98"), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590.
.
File Name:
Assignment No.:
ACTIVITIES LOG
Date Initials
J(-/_r-oo /l-i3 7
Notes
F/ e-72 -
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G:U.EG\WPDATA\FOR’NJTLOO.FRh4
City of Ca
FAX TRANSMITTAL
DATE: June 20,200O
TIME SENT:
TO: Marshall Plantz
COMPANY:
PHONE #:
FAX #: 602-8562
Number of Pages Being Transmitted
(Including Cover Sheet): 2
FROM: Damien Brower
DEPT.: CITY ATTORNEY
PHONE: (760) 434-2891
FAX: (760) 434-8367
SPECIAL INSTRUCTIONS:
UNLESS OTHERWISE INDICATED OR OBVIOUS FROM THE NATURE OF THE TRANSMITTAL, THE INFORMATION
CONTAINED IN THIS FACSIMILE MESSAGE IS All-ORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED
FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMES ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE
INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT,
YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION COPYING OF THIS COMMUNICATION IS
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IS PRIVILEGED, PLEASE IMMEDIATELY NOTIFY US BY COLLECT TELEPHONE, AND RETURN THE ORIGINAL
MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE AT OUR EXPENSE. THANK YOU.
1200 Carlsbad Village Drive l Z* Carlsbad, California 92008 *:+ (760) 434-2891
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1635 Faraday Avenue 0 Carlahod, CA 92048-7314 l (769) SW-2720 l FAX (760) 60245132 ) w
JUN-15-2000 11 02 CITY OF CARLSBQD '. .--_ 760 431 5769 1 P. 02102
; .’ . I : M~NUTE'$:OF THE ~RE;GU~~A~MEETI;$G OF/THE BOARD 0~ DIRECTORS OE! TECHBILT.CON!STRuC+ON CORP. : a HE$ON FEBRUARY 1'9,,:2oi00
j Thb reigular 'meeting'!of the ,Bo,aFd'iof-.D~rectors of Techbilt Constructio* Carp,,,. a Ca'Jifornia Corpora&i& (the "Corporation") was, helh a'ti the principal1 office:of the -corporation at 3575 Kenlyon Streietb S&n Diego; California .on &bjruary 19, 2000 at lo:!? oi'clojck A.!$. : ; ; ;
:; iThere yere ,present,at'asaid &sti,ng.thei following directors, constituting a quorum of,ithe Bo.ard of ~Directors of the Corp$ra~ion$ ', I ,/, . . : ', 1
iPaul K. Tcha'rig ': ; i Ge$evieve Tqh'ang ! *. Ro& S.. ?chang Geri&&v~ Tchang jThe,ddoge Tchang 'I .: .' : i
,' ,' iTh&. Board then.proceeded $o,:the @e&&n of the officers. Afteg d+scussi'onsi,the following rrsolbtioni.was uhanimously approved: I ; : '. II ; : : ,. , rRES6LVED, that. the 'following pers'cns ate hereby appointed to ihold the office(s) set forth: oppoisite'their respective : 'names,: for the ensuing year,; to s!&Y$& gn such office(s) at ithq pleasure of the:!directors; ::i I . .
':NA$E: '; 1 i . OFFICE 'i; ., i ', ,: I
; :paGi kF TchanQ; : ',' President ! iGe+evieve T&hang i jThe.odore Tchang .: ,I: iThere being' no furtier busi&as, 'bp& hotion duly made and secorjded, thd ,me+ing wa" adjourned. " ; ,I
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