Loading...
HomeMy WebLinkAbout2003-03-04; City Council; 17085; Agreements for EIR preparationCITY OF CARLSBAD -AGENDA BILL AB# 17,085 TITLE: I REQUEST FOR APPROVAL OF AGREEMENTS FOR THE MTG. 3:;:30 PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED LA COSTA TOWN DEPT. SQUARE - EIR 01 -02 CITY MGR RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2003-052 , APPROVING agreements with La Costa Town Square, LLC and Cotton Bridges Associates for the preparation of an Environmental Impact Report (EIR 01-02) for the La Costa Town Square commercial/residentiai project. ITEM EXPLANATION: Request for Proposals for the preparation of an EIR for the La Costa Town Square project were sent to four (4) consulting firms, three (3) of which submitted formal proposals to the Planning Department. The Planning Department conducted a thorough review of all three (3) of the proposals, the responses to the scope of work, the experience of the individuals involved and the firm itself, performance and product delivery schedules, and costs submitted. After reviewing all of the proposals, staff recommends that Cotton Bridges Associates be hired to prepare the EIR for this project. The Cotton Bridges Associates proposal was well prepared, exhibited a thorough understanding of the scope of work, and included a schedule and cost proposal that was acceptable to staff and the applicant given the complexities of the project. The firm, and the individuals who will conduct the La Costa Town Square EIR are experienced with this type of work. Therefore, staff recommends the attached consulting agreement with Cotton Bridges Associates and the agreement with La Costa Town Square, LLC as the applicant be approved. FISCAL IMPACT: The total cost of the consulting services to prepare the EIR is $155,465.00. The funds will be provided by the applicant, La Costa Town Square, LLC, per the attached applicant agreement. EXHIBITS: 1. City Council Resolution No. 2003-052 , with Exhibit 1 : Agreement with Consultant for the Preparation of an EIR, and Exhibit 2: Agreement between City and La Costa town Square, LLC for Payment of the EIR Consultant. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~~ 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CONSULTING AGREEMENTS WITH COTTON BRIDGES ASSOCIATES FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE LA COSTA TOWN SQUARE PROJECT AND AN AGREEMENT WITH LA COSTA TOWN SQUARE, LLC FOR PAYMENT OF THE PREPARATION OF THE EIR The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That a consulting agreement with Cotton Bridges Associates for consulting services to prepare an Environmental Impact Report (EIR) for the La Costa Town Square project (Exhibit I), and an agreement with La Costa Town Square, LLC for the payment of the EIR consultant (Exhibit 2) are hereby approved and the Mayor is authorized to execute said agreements. 2. Following the mayor's execution of said agreements, the City Clerk is directed to forward copies of this resolution and said agreements to Cotton Bridges Associates, attention Tim Gnibus, 8954 Rio San Diego Drive, Suite 610, San Diego, CA 92108; La Costa Town Square, LLC,.8799 Balboa Avenue, Suite 270, San Diego, CA 92123; and the Planning Department. *' PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 4th day of mrch 2003, by the following vote, to wit: *, AYES: Council ilembers L?wisr Firmila, Kulchin. Hall and Pzckard ABSENT: ATTEST: b- (SEAL) d AGREEMENT WITH COTTON BRIDGES ASSOCIATES FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR 01-02) THIS AGREEMENT, made this .b" day of f33B@H ,2063, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Cotton Bridges Associates, a Division of P & D Consultants, Inc. hereinafter referred to as "CONTRACTOR". RECITALS WHEREAS, the CITY has entered into an agreement with La Costa Town Square LLC. hereinafter called applicant, wherein the CITY agrees to prepare an Environmental impact Report (EIR) for the proposed project identified as La Costa Town Square (CT 01-09 et.al) which is located on the northeast corner of Rancho Santa Fe Road and La Costa Avenue and more precisely shown on the plat marked Attachment 1, attached hereto and made a part hereof; and WHEREAS, the CONTRACTOR has the qualifications to prepare the required Environmental Impact Report; and WHEREAS, it is understood that the CONTRACTOR shall be an independent contractor of the CITY; NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: I. CONTRACTOR OBLIGATIONS CONTRACTOR shall prepare an Environmental Impact Report on the subject project in accord with the California Environmental Quality Act as implemented by the State Guidelines and by CITY in Title 19 of the Carlsbad Municipal Code and its 1 Rev. 08-08-97 implementing resolutions. In carrying out this obligation the CONTRACTORS duties shall include the following: (a) The CONTRACTOR shall, consistent with the Work Program contained in Attachment 2, (1) make all necessary and required field explorations, reviews and tests; (2) make all necessary and required laboratory tests and analyses; (3) appear and be prepared to answer questions and prepare testimony on the final Environmental Impact Report at all public hearings before the Plannirlg Commission and the City Council prior to the certification of the report; (4) make 'aft r@ports necessary to comply with the requirements of this section. Before preparing the draft report, the CONTRACTOR shall submit five copies of a preliminary report (screen chesk EIR) tu the Planning Director for staff review. The CONTRACTOR shall revise the preliminary report as requested by Staff in order to make it suitable for draft EIR review. (b) CONTRACTOR shall prepare a draft report in compliance with the Work Program contained in Attachment 2 on file at the Planning Department (unless otherwise stated in this agreement), attached hereto and made a part hereof and with applicable state law and CITY ordinances. The CONTRACTOR shalt submit to CITY fifty copies plus a reproducible master of the draft Environmental Impact Report to the CITY. (c) CONTRACTOR shall attempt to determine as soon as possible in the study of the area involved, those factors which could severely inhibit or prohibit the proposed project. If it appears that such factors are present, CONTRACTOR shall so inform the Planning Director who in turn will discuss with the applicant the feasibility of continuing with the report. The objective of this subsection of the agreement is to minimize the cost if these adverse factors exist. 2 Rev. 08-08-97 (d) CONTRACTOR shall prepare and file with the CITY written responses to all comments received subsequent to public notice that the draft Environmental Impact Report has been filed. CONTRACTOR shall also prepare any response necessary to matters raised at the public hearings. The written responses shall be prepared in a form that will permit the responses to be incorporated into the final Environmental Impact Report. 2. CITY OBLIGATIONS (a) The CITY will make payment to the CONTRACTOR as provided for in this agreement. (b) The CITY wilt make available to the CONTRACTOR any documents, studies, or other information in its possession related to the proposed project. (c) The CITY will review the Preliminary Report presented by the CONTRACTOR within fourteen working days of their receipt and make written comments to the CONTRACTOR within that time period. (d) The CITY shall provide the CONTRACTOR with copies of all written comments received on the draft Environmental Impact Report subsequent to public notice that the draft Environmental Impact Report has been fiied and is available for public review. 3. TIME OF COMPLETION Time is of the essence in carrying out the terms of this agreement. It is understood that inclement weather conditions may delay the completion of field work. The CONTRACTOR will be allowed as many additional days as are necessary to compensate for days lost due to inclement weather. The CONTRACTOR shall submit to the CITY five copies of the Preliminary Environmental Impact Report within six weeks 3 Rev. 08-08-97 of the signing of this agreement by both concerned parties. The CONTRACTOR shall submit to the CITY fifty copies of the draft Environmental Impact Report within ten working days of the completed staff review of the Preliminary Environmental Impact Report. 4. PAYMENT The CONTRACTOR will be paid a maximum of One Hundred Fifty-five Thousand Four Hundred $ixty-flve dollars ($155,465) Cor all wmk necessary to carry out the requirements of thh agmement. Actuaf payment shall be baW ~n the cost of the report based on the east$ as set forth in Attwhmeilt 3 On fife at the Planning Department. The CONTRACTOR shall be paid within 30 days, in response to monthly invoices based on the percentages of the tasks completed according to Attachment 3. The final 18 percent will be paid, not to exceed the maximum amount provided in its agreement, within 30 days after receipt of invoice, to be submitted after the certification of the Environmental trnpact Report by the City Council. 5. LIMITS OF THE,,O&WGA'FION The limits of the obiigation of the CITY under this agreement is the sum of One Hundred Fifty-five thousand Four Hundred sixty-five dollars ($ "t6,465) which amount is estimated to be sufficient to compensate the CONTRACTOR for all services performed hereunder during the terms of this agreement. In the event at any time it appears to the CONTRACTOR that said sum may not be sufficient, he shall immediately so notify the Planning Director. He will not perform any work or incur any obligation beyond said sum of One Hundred Fifty-five Thousand Four Hundred sixty- five dollars ($ 155,465) without appropriate amendment to this agreement. 4 Rev. 08-08-97 6. CHANGES IN WORK If, in the course of this contract, changes seem merited by the CONTRACTOR or the CITY and informal consultations indicate that a change in the conditions of the contract is warranted, the CONTRACTOR or the CITY may request a change in the contract. Such changes shall be processed by the CITY in the following manner. A letter outlining the required changes shall be forwarded to the CITY or CONTRACTOR to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After @aching mutual agreement on the proposal, a supplemental agreement shall be prepared by the CITY and approved by the CITY according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such supplemental agreement shalt not render ineffective or invalid unaffected portions of the agreement. Changes requiring immediate action by the CONTRACTOR or the CITY shall be ordered by the Planning Director who will inform a ptinclpal of the CONTRACTORS firm of the necessity of such action and follow up with a supplemental agreement covering such work. The lump sum amounts detailed in this agreement shall be adjusted for changes, either additive or deductive, in the scope of work, provided such changes are processed according to the procedures in this paragraph. 7. COVENANTS AGAINST CONTINGENT FEES The CONTRACTOR warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this agreement, and that CONTRACTOR has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting 5 Rev. 08-08-97 from, the award or making of this agreement. For breach or violation of this warranty, the CITY shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 8. & The CONTRACTOR shall comply with the state and federal laws regarding nondiscrimination. 9. TERMINd$J!$2N ,Q,F.@QWRACT The CITY may terminate this agreement at any time by giving w#Wn notice to the CONTRACTOR of such termination and- specifying the effective data thereof, at least fifteen days prior to the effective date of the termination. In the event of termination, all finished or unfinished documents and other materiats pr@pa@$ pursuant to this agreement shall become its property. Upon termination for rea~ons other than breach of this agreement CITY shall pay CONTRACTOR the r@asonable value of the services completed to the date of notice of dsterminatkn. IO. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the CONTRACTOR or the CITY Planning Director. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of 6 Rev. 08-08-97 resolution which would be of benefit to both parties. The CITY Planning Director or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (IO) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manager. The City Council may then opt to consider the directed solution to the probtem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the paMes seeking remedtss avaifabb to them at law. 11. The CONTRACTOR agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The CONTRACTOR acknowledges that if a false claim is submitted to the City, it may be considered fraud and the CONTWCTOR may be subject to criminal prosecution. The CONTRACTOR acknowledges that California Government Code Sections 12850 ,et ,ma., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The CONTRACTOR acknowledges that the filing of a false claim may subject the CONTRACTOR to an administrative debarment proceeding wherein the CONTRACTOR may be prevented to act as a contractor on any public work or improvement for a period of up to five (5) years. The CONTRACTOR acknowledges debarment by another jurisdiction is 7 Rev. 08-08-97 grounds for the Fity of Carlsbad to disqualify the CONTRACTOR from the selection (Initial) The provisions of Carlsbad Municipal Code Sections 3.32.025, 3.32.026, 12. STATUS OF THE CONTRA- The CONTRACTOR shall perform the service$ prpvided for herein in CONTRACTORS own way as an ~~~~~0~~~~ corrtra&m and in pursuit of CONTRACTOR's indqmndent callirtg, and not as a8 empfayees of the CITY. CONTRACTOR shafl be under control of the CITY only as to th0 result to be accomplished, but shaft consult with the ClfY as provided for in the request for proposal. The persons used by the CONTRACTOR to provide sdcm under this agreement shall not be considered employees of the CITY far any purposes whatsoever, The CONTRACTOR is an independent contractor of the CJT'Y. The payment made to the CONTRACTOR ptrmuant to the contra& shall be the full and complete compensation to which the CONTRACTQR is entitied, The CITY shall not make any federal or state tax withholdings on kholf of the CONTRACTOR or hidher employees or subcontractors. The CITY shall not be required to pay any workers' compensation insurance or unemployment contributions on behalf of the CONTRACTOR or hidher employees or subcontractors, on behalf of the CONTRACTOR. The CONTRACTOR agrees to indemnify the CITY for any tax, retirement contribution, social security, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of the CONTRACTOR or any employee of the CONTRACTOR for 8 Rev. 08-08-97 work done under this agreement. The CONTRACTOR shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and CONTRACTORS that are included in this agreement. 13. 2 All documents and mahiats prepared pursuant to this agreement are the property of the CITY. The CITY shall have the unrestrichxi autbority to publish, disclose, distribute and otherwise use, in whet@ of in part, any report$, data, or other materials prepared under this agreement. 14. REPRQ&lUCTfBM RIGHTS The CU~TRACTOR agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in CITY and hereby agree8 to relinquish all claims to such copyrights in favor of CITY. 15. RELEASE QF IPSFQRWTCON BY CONTRACTOR Any reports, information or other data, prepared or assembled by the CONTRACTOR under this agreement shall not be made maitable to any individual or organization by the CONTRACTOR without prior wr*itten approval of the CITY. 16. HOLD HARMLESS AGREEMENT CONTRACTOR agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly 9 Rev. 08-08-97 employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad. CONTRACTOR shall at its own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, officials, employees and volunteers. CONTRACTOR'S indemnification of City shall not be limited by any prior or subsequent declarathn by the CONTRACTOR. 17. ASSIGNMEN3 GQMTRAc7' CONTRACTOR shdf not assign #IL contract or any part hereof Or any monies due or to become due thereunder without prior written consent of the CITY. 18. SUBG.Q@JJJMCTING If the C0Nfl;lACTOR shall subcontract any of the work to be performed under this contract by CQM"I'CTOR, the CONTRACTOR shall be fully mspansible to the CITY for the acts and omissions of its subcontractor and of the pers~nq either directly or indirectly employed by its subcontractor, as it is for the ads and omissions of persons directly employed by it. Nuthing contained in this contract shall create any employee or contractual relationship between any subcuntractor of CONTRACTOR and the CITY. The CONTRACTOR shaft bind every subcontractor and every subcontractor of the subcontractor by their terms of this contract applicable to its work unless specifically noted to the contrary in the subcontract in question approved in writing by the CITY. 19. PROHIBITED INTEREST No official of the CITY who is authorized in such capacity on behalf of the CITY to negotiate, make, accept or approve, or to take part in negotiating, making, accepting 10 Rev. 08-08-97 or approving any architectural, engineering, inspection, construction, or material supply contract or subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the CITY who is authorized in such capacity and on behalf of the CITY to exercise any executive, supervisory or other similar functions in lcronnectlon with the performance of this contract shall become directly or indirectly interested personally in this contract or any part hereof. 20. No verbal agreement or conversation with any officer, agent clf employee or the CITY, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation editle the CONTRACTOR to any additional payment vuhatsasver under the terms of this cuntmd. 21. SUCCE$#$Q&QR RSiFlGEJS Subject to the provision of Paragraph IO, "Hold Harrnle$s Agreement", all terms, conditions, and provisions hereof shalt inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, wtministrators, successors, and assigns. 22. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above . 23. CONFLICT OF INTEREST The CONTRACTOR shall file a Conflict of Interest Statement with the City Clerk 11 Rev. 08-08-97 in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The CONTRACTOR shall report investments or interests in all four categories. 24. INSURANCE The CONTRACTOR shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in Connection with performance of the work hereunder by the CONTRACTOR, its agents, reprwmtatives, employees or subcontractors. Sa@ fn$uranie;e shall he aM@ined fram an ~~~~~~~~~ carrier admitted and authorized to do busimss in the: St@@ of CTalEfornb. fha insumnce carrier is required to have a current Best's Key Rating of not less than "A-V" and shall meet the City's policy for insurance as stated in Resolution No. 91-403. A. Coveraqas and Limits. CQNTWCTOR shall maintain the types of coverages and mtnimum limits indicated herein, unless a lower amount is approved by the Cky Attorney or City Manager: 1. Cornprehenslvs Genera! Liability In@atrance. $2,080,000 combined single-limit per occurrencfa for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for CONTRACTOR'S work for the City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability. Workers' 12 Rev. 08-08-97 Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident for bodily injury. B. Additional Provisions. CONTRACTOR shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers' CornpentPation. 2. The CQNTWCTOR shall fmish c%rtifiw&s a% insurance to the City before commencaf*nent ~f work. 3. The CONTRACTOR shall obtain occurrenw coveraQ8. 4, This insurance shall be in force during the fife of tie agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by csrtified mail. 6. If the CONTRACTOR fails to maintain ;"my of the insurance coverages required herein, then the City will have the option to declare the CONTRACTOR in breach, or may purchase re@&%rnent insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The CONTRACTOR is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the CONTRACTOR or deduct the amount paid from any sums due the CONTRACTOR under this agreement. 25. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the CONTRACTOR in connection 13 Rev. 08-08-97 For Contractor: with the foregoing are as follows: For City: Title: Planning Director Name: Michael J. Molzmiller Address: 1635 Faradav Avenue Carlsbad CA 92008 Title: "&&gqt Mart@ger Name: Tim @nibus Address: Sm Q&$Q CA 92W8 - ArchitWtfLieBnbe3 Number: N/A LicenM Number: N/A 26. BUS&fjESe LICENSE CONTRACTOR shall obtain and maintain a City of Carisbad E3uSiniess License for the duration uf the? mntract. 27. This agreement, together with any other written dQcun8nt- referred to or contemplated herein, embody the entire agreemefit and understanding between the parties relating to the subject rnat€er Reresf. Neither this agreement nor any provision hereof may be amended, modified, waived or discharges except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought, ... ... ... I4 Rev. 08-08-97 Executed by CONTRACTOR this 6Y% day of CONTRACTOR: Cotton Bridges Associates, A Division of P & D Consultants, Inc. (Name of Contractor) (sign herb) (prinf narneltitle) CITY OF CARLSBAD, a municipal corDoration of the State of California r (Proper notarid acknowtedgment of execution by CONTRACTOR must be aWed). (Chairman, pmt$cf@f?t or vice-president and secretary, assistant secret&$& CI=o f$' assistant treasurer must sign &r corpafations. Otherwise, the corporation must Ma@& & redolution certified by the secr&@ly or assfstmt secretary under corporate seal erHp@tYsriq the ofices(s) signing to bind the curpwa#on.) (If signed by an in&v@u%t paffner, the partnership must attach a st&m@f?t of partnership authorizing the pa&x?r to exec&& this instrument). APPROVED AS TO FORM: RONALD R. PALL, City Attorney 15 Rev. 08-08-97 CT . au.4 5" JOU 3 before me, 6h &&.-A +I-. &X. Notary Public, pdsonally appeared /$JI.&~ 6.~2~~6 P [ ] personally known to me - or [ ] proved to me on de basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey 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. STATE OF CALIFORNIA COUNTY OF SAN DIEGO Notary Public, personally appeared [ ] personally known to me - or [A prodd to me on th 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 hislherltheir 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. ATTACHMENT I \ SITE LA COSTA TOWN SQUARE EIR 01-02 Our scope of work assumes that the technical studies listed in the City’s November 25, 2002 Request for Proposals will be provided to CBA in a timely manner. These studies include, but are not limited to the following key reports: Hydrology and Hydraulic Study (O’Day) Biological Resources Study and Focused Survey (RECON) Noise Assessment (Pacific Noise Control) Traffic Study (WPA Traffic Engineering) Cultural Resources Study (RECON) Paleontological Resources Study (San Diego Natural History Museum) GeotechnicaVSoils Study (GeoSoils) Final Program EIR for the Villages of La Costa Master Plan (T&B Planning Consultants) Other reference documents cited in the November 25,2002 RFP For purposes of our scope, we assume that the technical reports have been prepared to the satisfaction of the City of Carlsbad and CBA for purposes of preparing the EIR. We also assume that the technical consultants will be responsible for making revisions (if required) as a result of City comments on screencheck ElRs and/or CBA review of the documents. We will provide third-party technical review of key studies; however, our scope of work does not include revising these technical reports or supplementing the information contained within these reports to make them adequate. We will obtain signed statements of responsibility for each of the technical reports prepared for the EIR and include these statements in the appendices. Task 1.0 Project Initiation The purpose of this task is to initiate preparation of the EIR with the City and prepare a project description for the proposed project which will provide the foundation of the EIR analysis. Subtask 1.1 Kickoff Meeting CBA will meet with the City to initiate preparation of the EIR. The purpose of the meeting is to discuss the scope and definition of the project, status of technical report completion (if applicable), and overall project schedule. Cotton/Bridges/Associates 999756.01 80 1 City of Carlsbad La Costa Town Square EIR Subtask 1.2 Inspect Project Area CBA will survey the project area and surrounding vicinity to generally identify the existing environmental conditions including land use, infrastructure, drainage, vegetation and topography, as well as other environmental issues directly applicable to the project site. For this task, we assume that arrangements can be made to obtain access to the site. Subtask 1.3 Review Documents CBA will review necessary information related to the project available from the City of Carlsbad as identified in the Request for Proposal. These documents include project plans, previous environmental documents, technical studies prepared for the project, and other available studies relevant to the project area. Subtask 1.4 Cumulative Related Projects To identify cumulative impacts, related projects must be defined early in the EIR process. CBA will work with the City to prepare a draft and final list of related projects that will need to be considered in the curnulatiye analysis. CBA will also identify assumptions regarding regional growth forecasts and General Plan buildout, absorption rates, and other factors important in estimating cumulative impacts. Subtask 1.5 Project Description A detailed draft project description will be prepared by CBA based on the proposed project plans and submitted for review by the City. This step is to ensure that we understand all aspects of the project before beginning detailed environmental analyses of the project in the EIR. The project description will include the project location, potential interaction with nearby projects, related actions associated with the project, the relationship of the project to local and regional plans, and a list of the agencies required to act on the project proposals and their necessary approvals. The project description will also include the project objectives, a statement of benefits that may accrue, and what needs are met by the project. The project objectives and statement of justification will be prepared by CBA after consultation with the City staff. A final project description will be prepared which incorporates revisions based on City review of the draft project description. Maps and figures will be provided as applicable to support the textual descriptions of the project. Subtask 1.6 Initial Study/ Notice of Preparation (HOP) The City of Carlsbad will be responsible for preparation and distribution of the Initial Study and Notice of Preparation for the EIR. CBA will review a draft of each of these documents to ensure issues are properly identified and discussed and the documents are prepared consistent with CEQA requirements. Task 1 .O Work Products: Draft Project Description (3 copies) 0 Final Project Description (3 copies) 0 Draft Cumulative Projects List (3 copies) 0 Final Cumulative Projects List (3 copies) Cotton/Bridges/Associates 999756.0180 2 City of Carlsbad La Costa Town Square EIR Task 2.0 First Screencheck EIR The purpose of this task is to prepare a complete screencheck EIR for review by the City. The document organization described is designed to meet the requirements of CEQA,’ the CEQA Guidelines, the Carlsbad Environmental Protection Ordinance, and the City of Carlsbad “Required Format and Contents of an Environmental Impact Report for the City of Carlsbad.” The screencheck ElRs will be complete documents, providing all text, tables, and figures. The following structure and content will be used for the EIR: Introduction/Summary The Introduction/Summary will include: 1) project synopsis; 2) summary of significant impacts and mitigation measures that reduce the significant impacts; 3) project alternatives; 4) areas of controversy; 5) issues to be resolved by the decision making body. The Summary will be formatted to clearly identify appropriate agency findings with regard to mitigation measures and significant effects of the project in each environmental issue area analyzed. This will be accomplished by providing the summary of impacts and mitigation measures in a tabular format listing the environmental impacts identified for each environmental issue area, recommended mitigation measures, and level of significance after mitigation. (Exhibits: Project Maps, Project Description Table, Environmental Impacts and Mitigation Measures Table, and Comparison of Alternatives Table.) Section 1 .O Project Description The project description will provide a detailed desciiption of the proposed project. This section will include a description of the project location in a local and regional perspective, project objectives, intended uses of the EIR and discretionary actions associated with the project, environmental setting, and availability of reports. (Exhibits: Regional Setting Map, Project Location and Boundaries Map, Project Plans and Figures, Aerial Photograph, others as appropriate) Section 2.0 Environmental Setting Section 2.0 will provide a general environmental setting of the proposed project. This section will describe baseline conditions, resources unique to the region, and consistency with regional plans. A more detailed environmental setting will be provided within each impact section. Section 3.0 Significant Environmental Impacts Section 3.0 of the EIR will provide the detailed environmental analysis for each of the environmental issues examined in the EIR. The format of each environmental section (e.g., land use, traffic, air quality) will be: existing conditions, thresholds of determining significance, analysis of project effects and determination as to significance, mitigation measures, and conclusions. The following issues will be analyzed in the EIR: Section 3.1 Land Use. The project site is located in an area of the City that is presently experiencing the effects of a major capital improvement project - the realignment and widening of Rancho Santa Fe Road. The proposed project involves approval of a General Plan Amendment, Amendment of the La Costa Master Plan, Zone I1 local Facilities Management Plan Amendment, Tentative Map, Site Development Plan, and Hillside Development Permit. The area is partially surrounded by developed land and property which has project applications on file that are being reviewed/have been approved. The adoption of a Habitat Conservation Plan/Open Space Management Plan for the property has established the areas to be preserved and those areas which may be developed. Existing General Plan Land Use Map designated Open Space will be realigned to maintain an open space buffer between the commercial and residential land uses. Cotton/Bridges/Associates 999756.01 80 3 City of Carlsbad La Costa Town Square EIR Land use impacts will be described in terms of existing and proposed land uses on the site with a focus on: a) land use compatibility (i.e., types of uses and scale, development intensity, infrastructure, and pattern of development) between the proposed use and surrounding uses, either existing or planned; b) consistency with existing plans and policies for the site; and c) consistency with other adopted plans, ordinances and policies as applicable. The land use compatibility evaluation will focus on the compatibility of the project with adjacent residential development to the west and south. The land use section will provide an evaluation of the project’s consistency with the General Plan, HCPlOSMP and implementation agreement, Zoning Ordinance including Hillside Development regulations, Planned Community Zone and Growth Management Chapter; Landscape Manual, Open Space and Conservation Resource Management Plan, La Costa Master Plan, and Subdivision Regulations. Section 3.2 Transportation/Circulation. The proposed project will result in the generation of additional traffic in the area. CBA will use the traffic report prepared by WPA Traffic Engineering for the project (La Costa Town Center Traffic Study, dated February 26, 2001) and reviewed for adequacy by RBF under separate contract to the City, to address: a) project- specific traffic generation; b) impacts to intersections and street segments in the vicinity of the project site; and c) cumulative traffic impacts to street segments and intersections potentially impacted by the proposed project. CBA will, in close coordination with City Staff, utilize the WPA report and develop the traffic section of the EIR to: a) Analyze project impacts to the point of the street network where project related traffic is 20% or more of total traffic; b) Identify LOS for the road segments and intersections for the current, near-term and build-out scenarios as it relates c) Ensure conformance against SANTEUITE Guidelines (including CMP analysis) for traffic impact studies in the San d) Coordinate the traffic section with the assumptions made within the City’s latest build-out traffic model; e) Review the TM and site plan exhibits and identify any potential conflicts for intersection sight distance and vehicular f) Identify any potential project impacts to areas outside the City and if the project requires any mitigation measures; g) Ensure that all required mitigation measures identified in the report, TM and site plan are included in the EIR for the h) Include vehicular traffic, public transportation, bike and pedestrian circulation system potential hazards and parking to the proposed project; Diego region; decisions associated with the project, using Caltrans standards; project; and analysislissues in the EIR. Section 3.3 Air Quality. Development of the project site can be expected to result in an incremental increase in local and regional air pollution. Short-term and long-term impacts to air quality will result from project implementation. Impacts to air quality will be described and analyzed in terms of a) project emissions from vehicular (short-term, long-term and buildout) and stationary sources; b) construction-related emissions; c) impacts on sensitive receptors; and, d) relation tolcompliance with existing state and federal standards, and SDAPCD Regional Air Quality Strategy and existing land use assumptions. CBA will utilize the URBEMIS2001 for air quality modeling program to estimate vehicular and energy emissions. Vehicle trip, electricity and gas emissions will be projected. Emissions after implementation of mitigation measures will be estimated to address significant air quality impacts by selecting appropriate mobile and stationary source mitigation measures. The environmental setting will discuss criteria pollutants regulated by the San Diego Air Pollution Control District (SDAPCD) and the Environmental Protection Agency (EPA), as well as monitored ambient levels of criteria pollutants in the project vicinity. CBA will also evaluate the potential for carbon monoxide “hot spots” and their potential impacts to nearby existing and future sensitive receptors. Our scope includes preparing CO “hot spot” analysis for up to six intersections for one traffic scenario (e.g., buildout conditions). Potential mitigation measures will vary by criteria pollutant and emission source, but could include actions such as dust control measures during construction, local transit improvements to enhance station access, and amenities to encourage non-motorized or electric vehicle access modes. Section 3.4 Noise. Future development of the project site will result in short-term construction noise and long-term noise associated with traffic generation and urban uses. Vehicular noise generated from Rancho Santa Fe Road and La Costa Avenue is likely to be the primary noise source affecting the project, although the proposed amphitheater may also create Cotton/Bridges/Associates 999756.01 80 4 City of Carlsbad La Costa Town Square EIR noise impacts. CBA will conduct a third-party review, and will utilize the noise analysis and findings prepared by Pacific Noise Control for preparation of this section of the EIR. CBA will also assess the relationship between project noise impacts and policies of the Gty’s Noise Element to ensure that proposed mitigation measures do not conflict with the General Plan. Section 3.5 Paleontological Resources. The project site is underlain by geological formational materials that have a potential to contain fossils. We will utilize the paleontological resources study prepared by the Natural History Museum (February 20, 2001) in order to prepare this section of the EIR. CBA will complete a third party review of the report for accuracy and incorporate its findings into the EIR. Section 3.6 Biological Resources. The project site is located within an area that contains sensitive biological habitat that will be impacted by proposed development. Additionally, an HCP and implementation agreement were approved for the property in 1995. CBA will utilize the biological resources reports and focused surveys prepared by RECON (March 16, 2001 and July 6, 2001) to prepare this section of the EIR, if no flaws are found. We will conduct a third-party review of the biological resources report and focused surveys to ensure that potential biological impacts have been properly addressed, including evaluating the methodologies and conclusions, and mitigation measures. This third-party review will include one field visit (one day) by an in-house biologist to verify field conditions are correctly identified on the biological resources maps, but does not include any additional protocol surveys or permitting. We will also review the approved HCP and implementation agreement and evaluate potential impacts to endangered, threatened or rare species and their habitat, with special focus on any which were not evaluated under the HCP and could require additional mitigation. Light and glare impacts on the preserve areas will also be analyzed. Section 3.7 Hydrology/Water Quality. The proposed project will result in additional surface runoff as a result of the creation of impervious surfaces including commerciaVoffice development, residential home sites and roadways. CBA will conduct a third-party review of the technical studies prepared by O’Day Consultants (February 12, 2001). CBA will review all reports prepared for the site and surrounding area and discuss impacts to hydrology describing: a) increased runoff associated with proposed development and the corresponding impact to off-site facilities and the downstream watershed (Le,, Batiquitos Lagoon); b) impacts of increased runoff on existing drainage improvements; c) physical improvements to control runoff proposed within the project; d) impacts to groundwater, if any, related to the proposed detention basin; and e) surface water quality impacts associated with construction and long-term conditions and NPDES permit compliance. Section 3.8 Geology and Soils. The project will result in development on currently vacant land. While no major geotechnical issues are known within the project site, there may be localized geological and/or soils conditions that will need to be evaluated. CBA will perform a third-party review of and utilize the two geotechnical evaluations prepared by GeoSoils, Inc. as the basis of the geology and soils section of the EIR if no flawslinadequacies are found. In particular, CBA will examine the report in terms of unstable soils, remedial earthwork, landslides, rocky soils, fault rupture, seismic ground shaking, subsidence, settlement, surcharging, liquefaction, proposed slope stability, and groundwater impacts. Evaluation will also include the need for blasting and its effect on adjacent properties. Section 3.9 Hazards. The project site is located in an area subject to wildland fire, flooding from failure of the Mahr Reservoir Dam, electromagnetic fields related to high voltage electrical transmission lines, and blasting for site grading. The EIR will address the potential impacts of those hazards on the project. To complete this section, CBA will review the Village of La Costa Master Plan and its EIR for discussion of dam failure, contact the City’s Fire Marshall to identify level of wildland fire risk, review and analyze the GeoSoils geotechnical evaluations for blasting effects, and contact San Diego Gas & Electric and EPA sources for assessment of electromagnetic field impacts. Section 3.10 Visual AestheticdGrading. The proposed project involves cut and fill slopes in an area of changing topography. Computer-modeled visual simulations will be prepared of the project site that depict the existing conditions, proposed graded pads, and the graded pads with the proposed maximum building heights depicted. A total of three view locations will be modeled. Impacts associated with landform alteration will be analyzed for compliance with the City’s Hillside Cotton/Bridges/Associates 999756.01 80 5 City of Carlsbad La Costa Town Square EIR Development Ordinance. Development of the site will also generate new sources of light and glare and CBA will also analyze such impacts. Section 3.1 1 Public Services and Utilities. Development of the proposed project may result in an increase in demand for public services and utility systems, including: a) water; b) reclaimed water; c) sewer; d) gas and electric; e) police protection; f) fire protection; g) schools; and h) solid waste. The EIR will address project impacts on the above public services and utilities in terms of the increase in demand the project places on services and utilities, as well as the environmental impact associated with the expansion or construction of new facilities required to serve the project. For purposes of our scope of work, we have assumed that we can rely on the public services and facilities information that is provided in the LFMP 11 plan for preparation of this section. We assume that the hydraulic model and sewer study will be provided in the LFMP 1 1. Section 4.0 Project Alternatives As described in the CEQA Guidelines, CBA will prepare an EIR that describes a reasonable range of alternative to the project, focusing on alternatives capable of eliminating any significant adverse environmental effects or reducing them to a level of insignificance. CBA will examine up to four alternatives within the EIR. These alternatives are tentatively defined as the “No Project” alternative, an Existing General Plan+Existing Master Plan+HCP alternative, an environmentally superior/reduced impact alternative, and an alternative sites analysis. The specific description of alternatives will be based on discussion and agreement between the Cii and CBA. (Exhibits: Matrix comparing environmental effects of alternatives, graphic exhibits of alternatives as appropriate) To allow decision makers to easily weigh the advantages and disadvantages of the alternatives compared to the proposed project, CBA will include a matrix comparing the relative impacts of each alternative and a narrative description of the environmental advantages and disadvantages of each alternative. Section 5.0 long-Term Environmental Impacts This section will identify the potential cumulative effects resulting from this project, and other known projects identified by City staff. All cumulative effects will be discussed in this section to clearly separate the project effects from effects which are only significant when combined with effects of other projects. This section will also address growth-inducing impacts, significant irreversible environmental changes resultant from project implementation, and significant environmental effects which cannot be avoided if the proposed project is implemented. The growth-inducing section will address the potential of the proposed project to either directly or indirectly induce economic or population growth in the surrounding environment. The phasing of community services and facilities to serve the new development and the potential for the development to use large amounts of fuel or energy are also discussed. Potential growth inducing impacts will be assessed in terms of the project’s compliance with local and regional growth management policies. The EIR will also address significant irreversible environmental changes associated with implementation of the project, such as the use of nonrenewable resources and the irretrievable commitment of the resources. A subsection of this section of the EIR will also identify areas of significant impact that based on the analysis contained within the EIR cannot be reduced to a less than significant level. Section 6.0 Environmental Impacts Found to be Not Significant This section will address the impacts found to be not significant as part of the EIR process and the impacts found not to be significant during the Initial Study. I Cotton/Bridges/Associates 999756.0180 6 City of Carlsbad La Costa Town Square EIR Section 7.0 References This section will identify organizations, persons and documents consulted in preparation of the EIR. Section 8.0 list of Persons who Prepared the EIR Firms and individuals involved in the preparation of the document will be identified in this section. Task 2.0 Work Products: First Screencheck EIR and Appendices (5 copies) Task 3.0 Second Screencheck EIR The City will review the first screencheck EIR and Appendices and identify revisions in the form of a single marked-up copy of the documentlappendices indicating all desired changes, corrections and areas for expansion, etc. CBA will prepare a second City screencheck EIR and appendices incorporating City's comments on the first screencheck EIR, as well as a first draft of the Mitigation Monitoring and Reporting Program. A separate draft Mitigation Monitoring and Reporting Program will be prepared and will include monitoring team qualifications, specific monitoring activities, and a reporting system for evaluating the success of mitigation measures. Task 3.0 Work Products: Second Screencheck EIR, Appendices and Mitigation Monitoring and Reporting Program (5 copies) Task 4.0 Draft EIR The City will review the second screencheck EIR/appendices/MMRP and prepare revisions in the form of a single marked-up copy of the document indicating all desired changes, corrections and areas for expansion, etc. CBA will incorporate City comments on the second screencheck EIR, appendices and MMRP into a public review Draft EIR. The public review Draft EIR, including appendices and MMRP, will be printed and copies will be prepared for distribution. The City will be responsible for the distribution of the Draft EIR to public agencies and other interested parties. CottonlBridgeslksociates 999756.01 80 7 City of Carlsbad La Costa Town Square EIR Task 4.0 Work Products: Draft EIR, Appendices and Mitigation Monitoring and Reporting Program 25 copies 3-ring binders 20 copies spiral bound 1 unbound reproducible copy 5 copies CD ROM* *We assume the technical reports can be provided to CBA in an electronic format. Task 5.0 Responses to Comments and Screencheck Final EIR CBA will prepare responses to comments received on the Draft EIR during the 45-day public review period. We have provided a budget estimate for preparation of responses to comments that assumes a moderate amount of controversy with respect to this project based on the size and location of the project. This estimate will need to be refined based on the actual volume and complexity of the comments received on the Draft EIR. A final set of responses to comments incorporated in a screencheck Final EIR will be prepared incorporating revisions identified by the City. Task 5.0 Work Products: Screencheck response to comments (1 0 copies) Final responses within a Screencheck Final EIR (1 0 copies) Task 6.0 Final EIR Based on comments received by City staff on the screencheck Final EIR, CBA will prepare the Final EIR document for consideration by the Planning Commission and City Council. Following receipt of City direction for any modification to the screencheck Final EIR, the Final EIR will be prepared including the following changes to the Draft EIR: Revised cover page; Introduction to Final EIR; Revised table of contents; Project Overview; Revised text of ElRs incorporating changes; List of Comments Received on the Draft EIR; and, Comments received and responses to comments on the Draft EIR. Task 6.0 Work Products: Final EIR and Appendices 25 copies 3-ring binders 20 copies spiral bound 1 unbound reproducible copy 5 copies CD ROM' Cotton/Bridges/Associates 999756.0180 8 City of Carlsbad La Costa Town Square EIR Task 7.0 Findings of Fact (FF) and Statement of Overriding Considerations (SOC) This task will involve the preparation of draft Findings of Fact pursuant to the CEQA Guidelines for significant environmental effects of the project, and a draft Statement of Overriding Considerations, if required, for Ciy Council action. Based on comments received by City staff on the draft Findings of Fact and Statement of Overriding Considerations, CBA will prepare the Final Findings and Fact and Statement of Overriding Considerations document for consideration by the City Council. Task 7.0 Work Products: Draft Findings/SOC (1 0 copies) Final Findings/SOC (1 0 copies) Task 8.0 Meetings and Hearings Subtask 8.1 City Staff Meetings CBA will attend meetings with the City staff to facilitate preparation of the EIR, resolve issues, and review screencheck documents. The attached budget spreadsheet identifies the hours assumed for this task. We have budgeted for 7 staff meetings and one public scoping meeting. Subtask 8.2 Hearings The CBA project manager and/or principal will also attend hearings before the Planning Commission and City Council to provide expert testimony on the EIR. Our cost estimate assumes a total of two (2) Planning Commission and two (2) City Council meetings. The attached budget spreadsheet identifies the hours assumed for this task. Cost Estimate A detailed cost estimate is attached indicating project personnel, hours by task, labor cost and estimated expenses. Our budget estimate is $1 55,465, For all items described in the scope of work with the exception of changes in project description unanticipated and unbudgeted effort in responding to Draft EIR comments, additional meetings and document copies, services will be provided within the budget shown. Cotton/Bridges/Associates 999756.01 80 9 City of Carlsbad La Costa Town Square EIR ATTACHMENT 3 AGREEMENT BETWEEN CITY AND APPLICANT FOR PAYMENT OF EIR CONSULTANT THIS AGREEMENT is made this d2't' day of /'lh%??fl ,20[3, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and La Costa Town Square LLC. hereinafter referred to as "APPLICANT". RECITALS WHEREAS, the APPLICANT has filed with the CITY a request for approval of a proposed project identified as La Costa Town Square requiring an Environmental Impact Report; and WHEREAS, CITY has determined that its current staff is inadequate in number to process the Environmental Impact Report in a timely and thorough manner; and WHEREAS, APPLICANT in order to ensure the expeditious processing of said Environmental Impact Report desires to pay to CITY the amount necessary to hire a CONSULTANT. NOW, THEREFORE, in consideration of the.covenants and conditions, it is agreed as follows: 1. The CITY will engage the firm of Cotton Bridges Associates hereinafter referred to as "CONTRACTOR" to perform the necessary work in the processing and monitoring of the Environmental Impact Report for that area more particularly depicted upon a site map attached as Attachment I and made a part of this agreement. 2. It is understood that the CONTRACTOR services shall conform to 1 Rev. 07/31/00 the Proposal attached as Attachment 2 and made a part of this agreement, and may require: sed a) Field exploration; b) Weekly communication with the City staff; c) Written reports; and d) Such other work necessary to properly evaluate the project as direct& by the Planning Director. 3. It is understood that the CITY will direct the CONTRACTOR to complete a draR and final Environmental trnpact Report at the eaarlitltst 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 wst of the CONTRACTOR 's services. Such cost shall be based on the costs set forth in Attachment 3. The APPLICANT has advanced the sum of One Hundred Fifty-five thousand Four Hundred sixty-five dollars ($ 155,465) as payment on account for the actual cost of the CONTRACTOR'S services. In the event it appears, as the work progresses, that said sum will not be su#fkient 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. 2 Rev. 07/31 100 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 perform 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 CONTRACiOR in the performance of such work or attempt to influence such CONTRACTOR during the COUWB of his investigation and report. 6. It is understood that the CITY will attempt to bring the Environmentat fmpact Report to Planning Commission and City Council as soon as possible, barring no delays from the APPLICANT. 7. The City shall not be required to defend any third party cfaims and suits challenging any action taken by the City with regard to any procedure or substantive aspect of the City’s environmental process and approval of development of the property. If the City, in its sole and absolute discretion defends such action or proceeding, the Appficant shatl be responsible and reimburse the City for whatever legal fees and costs, in their entirelyi may be incurred by the City in defense of such action or proceeding. The City shatl have the absolute right to retain such legal counsel as the City deems necessary and appropriate. Applicant shall reimburse the City for any award of court costs or attorney fees made against City in favor of any third party challenging either the sufficiency of a negative declaration or EIR or the validity of the City’s approval of the application. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. 3 Rev. 07/3 1 /00 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. Executed by APPLICANT this 3eo day of APPLICANT: La Costa Town Square LLC. CITY OF CARLSBAD, a municipal corporation of the State of California (Name of Applicant) Bv: (sign here) (print name herdtie) (Proper notarial tickno"ment of execution by Contractor must be a&dirsd.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Othenvise, the corporation must %ttach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corportitl'on.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrumen$). APPROVED AS TO FORM: RONALD R. BALL, City Attorney 4 Rev. 07/3 1/00 STATE OF CALIFORNIA COUNTY OF SAN DEGO before me, Notary Public, personally appeared tu p'2F(" p2 e,. y , [dpersonally known to me - or [ ] proved to me on the basis of satisfactory e$dence to be the person& whose name@)@are subscribed to the within instrument and acknowledged to me that he/- executed the same in his/he&h& authorized capacity(-&), and that by his/h&tk& signature&) on the instrument the persono(), or the entity upon behalf of which the person@ acted, executed the instrument. WITNESS my hand and official seal. ATTACHMENT I LA COSTA TOWN SQUARE EIR 01-02 :. %* rn .”. q 8 ‘t. c ~,. ,**a:w*,&?\ .pt..; This scope of work des&%% the speciktasg $&ton/&ridges/Associates (CBA) proposes to perform in preparing the EIR for the proposed La Costa TovqSqPare projeq (herein after referred to as “the project”) based on our current understanding of the project and scope of ,eri&or@jgntal issiies. .This.scope of services has been tailored to meet the processing requirements and level of effort ?rpicatly;r&uirgd’)or preparing Elk for the City of Carlsbad. The EIR will be prepared in accordance with CEQA, the Carlsbad Environmental Protection Ordinance, and the Ci of Carlsbad “Required Format and Contents of an .Environmental Impact Reportfor the Cii of Carlsbad.” Task objectives, work products, and methods are described for each .. . ..task .. Technical Studies Our scope of work assumes that the technical studies listed in the City’s November 25, 2002 Request for Proposals will be provided to CBA in a timely manner. These studies include, but are not limited to the following key reports: Hydrology and Hydraulic Study (O’Day) Biological Resources Study and Focused Survey (RECON) Noise Assessment (Pacific Noise Control) Traffic Study (WPA Traffic Engineering) Cultural Resources Study (RECON) Paleontological Resources Study (San Diego Natural History Museum) Geotechnical/Soils Study (GeoSoils) Final Program EIR for the Villages of La Costa Master Plan (T&B Planning Consultants) Other reference documents cited in the November 25, 2002 RFP For purposes of our scope, we assume that the technical reports have been prepared to the satisfaction of the City of Carlsbad and CBA for purposes of preparing the EIR. We also assume that the technical consultants will be responsible for making revisions (if required) as a result of City comments on screencheck ElRs and/or CBA review of the documents. We will provide third-party technical review of key studies; however, our scope of work does not include revising these technical reports or supplementing the information contained within these reports to make them adequate. We will obtain signed statements of responsibility for each of the technical reports prepared for the EIR and include these statements in the appendices. Task 1 .O Project Initiation The purpose of this task is to initiate preparation of the EIR with the City and prepare a project description for the proposed project which will provide the foundation of the EIR analysis. Subtask 1.1 Kickoff Meeting CBA will meet with the City to initiate preparation of the EIR. The purpose of the meeting is to discuss the scope and definition of the project, status of technical report completion (if applicable), and overall project schedule. CottonlBridgeslAssociates 999756.01 80 1 City of Carlsbad La Costa Town Square EIR Subtask 1.2 Inspect Project Area CBA will survey the project area and surrounding vicinity to generally identify the existing environmental conditions including land use, infrastructure, drainage, vegetation and topography, as well as other environmental issues directly applicable to the * project site. For this task, we assume that arrangements can be made to obtain access to the site. Subtask 1.3 Review Documents CBA will review necessary information related to the project available from the City of Carlsbad as identified in the Request for Proposal. These documents include project plans, previous environmental documents, technical studies prepared for the project, and other available studies relevant to the project area. Subtask 1.4 Cumulative Related Projects To identify cumulative impacts, related projects must be defined early in the EIR process. CBA will work with the City to prepare a draft and final list of related projects that will need to be considered in the cumulative analysis. CBA will also identify assumptions regarding regional growth forecasts and General Plan buildout, absorption rates, and other factors important in estimating cumulative impacts. Subtask 1.5 Project Description A detailed draft project description will be prepared by CBA based on the proposed project plans and submitted for review by the City. This step is to ensure that we understand all aspects of the project before beginning detailed environmental analyses of the project in the EIR. The project description will include the project location, potential interaction with nearby projects, related actions associated with the project, the relationship of the project to local and regional plans, and a list of the agencies required to act on the project proposals and their necessary approvals. The project description will also include the projed objectives, a statement of benefits that may accrue, and what needs are met by the project. The project objectives and statement of justification will be prepared by CBA after consultation with the City staff. A final project description will be prepared which incorporates revisions based on CI review of the draft project description. Maps and figures will be provided as applicable to support the textual descriptions of the project. Subtask 1.6 Initial Study/ Notice of Preparation (NOP) The City of Carlsbad will be responsible for preparation and distribution of the Initial Study and Notice of Preparation for the EIR. CBA will review a draft of each of these documents to ensure issues are properly identified and discussed and the documents are prepared consistent with CEQA requirements. Task 1.0 Work Products: Draft Project Description (3 copies) final Project Description (3 copies) 0 Draft Cumulative Projects List (3 copies) Final Cumulative Projects List (3 copies) CottonlBridgeslhsociates 999756.01 80 2 City of Carlsbad La Costa Town Square EIR Task 2.0 First Screencheck EM The purpose of this task is to prepare a complete screencheck EIR for review by the City. The document organization described is designed to meet the requirements of CEQA, the CEQA Guidelines, the Carlsbad Environmental Protection Ordinance, and the City of Carlsbad “Required Format and Contents of an Environmental Impact Report for the City of Carlsbad.” The screencheck ElRs will be complete documents, providing all text, tables, and figures. The following structure and content will be used for the EIR: Introduction/Summary The Introdudion/Summary will include: 1) project synopsis; 2) summary of significant impacts and mitigation measures that reduce the significant impacts; 3) project alternatives; 4) areas of controversy; 5) issues to be resolved by the decision making body. The Summary will be formatted to clearly identify appropriate agency findings with regard to mitigation measures and significant effects of the project in each environmental issue area analyzed. This will be accomplished by providing the summary of impacts and mitigation measures in a tabular format listing the environmental impacts identified for each environmental issue area, recommended mitigation measures, and level of significance after mitigation. (Exhibits: Project Maps;Project Description Table, Environmental Impacts and Mitigation Measures Table, and Comparison of Alternatives Table.) Section 1 .O Project Description The project description will provide a detailed description of the proposed project. This section will include a description of the project location in a local and regional perspective, project objectives, intended uses of the EIR and discretionary actions associated with the project, environmental setting, and availability of reports. (Exhibits: Regional Setting Map, Project Location and Boundaries Map, Project Plans and Figures, Aerial Photograph, others as appropriate) Section 2.0 Environmental Setting Section 2.0 will provide a general environmental setting of the proposed project. This section will describe baseline conditions, resources unique to the region, and consistency with regional plans. A more detailed environmental setting will be provided within each impact section. Section 3.0 Significant Environmental Impacts Section 3.0 of the EIR will provide the detailed environmental analysis for each of the environmental issues examined in the EIR. The format of each environmental section (e.g., land use, traffic, air quality) will be: existing conditions, thresholds of determining significance, analysis of project effects and determination as to significance, mitigation measures, and conclusions. The following issues will be analyzed in the EIR: Section 3.1 Land Use. The project site is located in an area of the City that is presently experiencing the effects of a major capital improvement project - the realignment and widening of Rancho Santa Fe Road. The proposed project involves approval of a General Plan Amendment, Amendment of the La Costa Master Plan, Zone 1 1 Local Facilities Management Plan Amendment, Tentative Map, Site Development Plan, and Hillside Development Permit. The area is partially surrounded by developed land and property which has project applications on file that are being reviewed/have been approved. The adoption of a Habitat Conservation Plan/Open Space Management Plan for the property has established the areas to be preserved and those areas which may be developed. Existing General Plan Land Use Map designated Open Space will be realigned to maintain an open space buffer between the commercial and residential land uses. Cotton/Bridges/ksociates 999756.01 80 3 Gty of Carisbad La Costa Town Square ElR Land use impacts will be described in terms of existing and proposed land uses on the site with a focus on: a) land use compatibility (i.e., types of uses and scale, development intensity, infrastructure, and pattern of development), between the proposed use and surrounding uses, either existing or planned; b) consistency with existing plans and policies for the site; and c) consistency with other adopted plans, ordinances and policies as applicable. The land use compatibility evaluation will focus on the compatibility of the project with adjacent residential development to the west and south. The land use section will provide an evaluation of the project’s consistency with the General Plan, HCP/OSMP and implementation agreement, Zoning Ordinance including Hillside Development regulations, Planned Community Zone and Growth Management Chapter; Landscape Manual, Open Space and Conservation Resource Management Plan, La Costa Master Plan, and Subdivision Regulations. Section 3.2 TransportationKircuIation. The proposed project will result in the generation of additional traffic in the area. CBA will use the traffic report prepared by WPA Traffic Engineering for the project (La Costa Town Center Traffic Study, dated February 26, 2001 ) and reviewed for adequacy by RBF under separate contract to the Ci, to address: a) project- specific traffic generation: b) impacts to intersections and street segments in the vicinity of the project site; and c) cumulative traffic impacts to street segments and intersections potentially impacted by the proposed project. CBA will, in close coordination with City Staff, utilize the WPA report and develop the traffic section of the EIR to: a) Analyze project impacts to the point of the street network where project related traffic is 20% or more of total traffic; b) Identify LOS for the road segments and intersections for the current, near-term and build-out scenarios as it relates c) Ensure conformance against SANTEC/ITE Guidelines (including CMP analysis) for traffic impact studies in the San d) Coordinate the traffic section with the assumptions made within the City’s latest build-out traffic model; e) Review the TM and site plan exhibits and identify any potential conflicts for intersection sight distance and vehicular 9 Identify any potential project impacts to areas outside the City and if the project requires any mitigation measures; g) Ensure that all required mitigation measures identified in the report, TM and site plan are included in the EIR for the h) Include vehicular traffic, public transportation, bike and pedestrian circulation system potential hazards and parking to the proposed project; Diego region; decisions associated with the project, using Caltrans standards; project; and analysislissues in the EIR. Section 3.3 Air Quality. Development of the project site can be expected to result in an incremental increase in local and regional air pollution. Short-term and long-term impacts to air quality will result from project implementation. Impacts to air quality will be described and analyzed in terms of a) project emissions from vehicular (short-term, long-term and buildout) and stationary sources; b) construction-related emissions; c) impacts on sensitive receptors; and, d) relation tolcompliance with existing state and federal standards, and SDAPCD Regional Air Quality Strategy and existing land use assumptions. CBA will utilize the URBEMIS2001 for air quality modeling program to estimate vehicular and energy emissions. Vehicle trip, electricity and gas emissions will be projected. Emissions after implementation of mitigation measures will be estimated to address signifcant air quality impacts by selecting appropriate mobile and stationary source mitigation measures. The environmental setting will discuss criteria pollutants regulated by the San Diego Air Pollution Control District (SDAPCD) and the Environmental Protection Agency (EPA), as well as monitored ambient levels of criteria pollutants in the project vicinity. CBA will also evaluate the potential for carbon monoxide “hot spots” and their potential impacts to nearby existing and future sensitive receptors. Our scope includes preparing CO “hot spot” analysis for up to six intersections for one traffic scenario (e.g., buildout conditions). Potential mitigation measures will vary by criteria pollutant and emission source, but could include actions such as dust control measures during construction, local transit improvements to enhance station access, and amenities to encourage non-motorized or electric vehicle access modes. Section 3.4 Noise. Future development of the project site will result in short-term construction noise and long-term noise associated with traffic generation and urban uses. Vehicular noise generated from Rancho Santa Fe Road and La Costa Avenue is likely to be the primary noise source affecting the project, although the proposed amphitheater may also create CottonlBridgeslksociates 999756.0180 4 City of Carlsbad La Costa Town Square EIR noise impacts. CBA will conduct a third-party review, and will utilize the noise analysis and findings prepared by Pacific Noise Control for preparation of this section of the EIR. CBA will also assess the relationship between project noise impacts and policies of the City's Noise Element to ensure that proposed mitigation measures do not conflict with the General Plan. Section 3.5 Paleontological Resources. The project site is underlain by geological formational materials that have a potential to contain fossils. We will utilize the paleontological resources study prepared by the Natural History Museum (February 20, 2001) in order to prepare this section of the EIR. CBA will complete a third party review of the report for accuracy and incorporate its findings into the Elf?. Section 3.6 Biological Resources. The project site is located within an area that contains sensitive biological habitat that will be impacted by proposed development. Additionally, an HCP and implementation agreement were approved for the property in 1995. CBA will utilize the biological resources reports and focused surveys prepared by RECON (March 16, 2001 and July 6, 2001) to prepare this section of the EIR, if no flaws are found. We will conduct a third-party review of the biological resources report and focused surveys to ensure that potential biological impacts have been properly addressed, including evaluating the methodologies and conclusions, and mitigation measures. This third-party review will include one field visit (one day) by an in-house biologist to veri field conditions are correctly identified on the biological resources maps, but does not include any additional protocol surveys or permitting. We will also review the approved HCP and implementation agreement and evaluate potential impacts to endangered, threatened or rare species and their habitat, with special focus on any which were not evaluated under the HCP and could require additional mitigation. Light and glare impacts on the preserve areas will also be analyzed. Section 3.7 Hydrology/Water Quality. The proposed project will result in additional surface runoff as a result of the creation of impervious surfaces including cornrnercialloffice development, residential home sites and roadways. CBA will conduct a third-party review of the technical studies prepared by O'Day Consultants (February 12, 2001). CBA will review all reports prepared for the site and surrounding area and discuss impacts to hydrology describing: a) increased runoff associated with proposed development and the corresponding impact to off-site facilities and the downstream watershed (i.e., Batiquitos Lagoon); b) impacts of increased runoff on existing drainage improvements; c) physical improvements to control runoff proposed within the project; d) impacts to groundwater, if any, related to the proposed detention basin; and e) surface water quality impacts associated with construction and long-term conditions and NPDES permit compliance. Section 3.8 Geology and Soils. The project will result in development on currently vacant land. While no major geotechnical issues are known within the project site, there may be localized geological and/or soils conditions that will need to be evaluated. CBA will perform a third-party review of and utilize the two geotechnical evaluations prepared by GeoSoils, Inc. as the basis of the geology and soils section of the EIR if no flawslinadequacies are found. In particular, CBA will examine the report in terms of unstable soils, remedial earthwork, landslides, rocky soils, fault rupture, seismic ground shaking, subsidence, settlement, surcharging, liquefaction, proposed slope stability, and groundwater impacts. Evaluation will also include the need for blasting and its effect on adjacent properties. Section 3.9 Hazards. The project site is located in an area subject to wildland fire, flooding from failure of the Mahr Reservoir Dam, electromagnetic fields related to high voltage electrical transmission lines, and blasting for site grading. The EIR will address the potential impacts of those hazards on the project. To complete this section, CBA will review the Village of La Costa Master Plan and its EIR for discussion of dam failure, contact the City's Fire Marshall to identify level of wildland fire risk, review and analyze the GeoSoils geotechnical evaluations for blasting effects, and contact San Diego Gas & Electric and EPA sources for assessment of.electromagnetic field impacts. Section 3.10 Visual AesthetMGrading. The proposed project involves cut and fill slopes in an area of changing topography. Computer-modeled visual simulations will be prepared of the project site that depict the existing conditions, proposed graded pads, and the graded pads with the proposed maximum building heights depicted. A total of three view locations will be .modeled. Impacts associated with landform alteration will be analyzed for compliance with the City's Hillside CottonlBridgeslAssociates 999756.0180 5 City of Carlsbad La Costa Town Square EIR Development Ordinance. Development of the site will also generate new sources of light and glare and CBA will also analyze such impacts. Section 3.1 1 Public Services and Utilities. Development of the proposed project may result in an increase in demand for public services and utility systems, including: a) water; b) reclaimed water; c) sewer; d) gas and electric; e) police protection; 4 fire protection; g) schools; and h) solid waste. The EIR will address project impacts on the above public services and utilities in terms of the increase in demand the project places on services and utilities, as well as the environmental impact associated with the expansion or construction of new facilities required to serve the project. For purposes of our scope of work, we have assumed that we can rely on the public services and facilities information that is provided in the LFMP 1 1 plan for preparation of this section. We assume that the hydraulic model and sewer study will be provided in the LFMP 1 1. Section 4.0 Project Alternatives As described in the CEQA Guidelines, CBA will prepare an EIR that describes a reasonable range of alternative to the project, focusing on alternatives capable of eliminating any significant adverse environmental effects or reducing them to a level of insignificance. CBA will examine up to four alternatives within the EIR. These alternatives are tentatively defined as the “No Project” alternative, an Existing General Plan+Existing Master Plan+HCP alternative, an environmentally superiorlreduced impact alternative, and an alternative sites analysis. The specific description of alternatives will be based on discussion and agreement between the City and CBA. (Exhibits: Matrix comparing environmental effects of alternatives, graphic exhibits of alternatives as appropriate) To allow decision makers to easily weigh the advantages and disadvantages of the alternatives compared to the proposed project, CBA will include a matrix comparing the relative impacts of each alternative and a narrative description of the environmental advantages and disadvantages of each alternative. Section 5.0 long-Term Environmental Impacts This section will identify the potential cumulative effects resulting from this project, and other known projects identified by City staff. All cumulative effects will be discussed in this section to clearly separate the project effects from effects which are only significant when combined with effects of other projects. This section will also address growth-inducing impacts, significant irreversible environmental changes resultant from project implementation, and significant environmental effects which cannot be avoided if the proposed project is implemented. The growth-inducing section will address the potential of the proposed project to either directly or indirectly induce economic or population growth in the surrounding environment. The phasing of community services and facilities to serve the new development and the potential for the development to use large amounts of fuel or energy are also discussed. Potential growth inducing impacts will be assessed in terms of the project’s compliance with local and regional growth management policies. The EIR will also address significant irreversible environmental changes associated with implementation of the project, such as the use of nonrenewable resources and the irretrievable commitment of the resources. A subsection of this section of the EIR will also identify areas of significant impact that based on the analysis contained within the EIR cannot be reduced to a less than significant level. Section 6.0 Environmental Impacts Found to be Not Significant This section will address the impacts found to be not significant as part of the EIR process and the impacts found not to be significant during the Initial Study. Cotton/Bridges/Associates 999756.01 80 6 Ci of.Carisbad La Costa Town Square EIR Section 7.0 References This section will identify organizations, persons and documents consulted in preparation of the EIR. Section 8.0 List of Persons who Prepared the EIR Firms and individuals involved in the preparation of the document will be identified in this section. Task 2.0 Work Products: First Screencheck EIR and Appendices (5 copies) Task 3.0 Second Screencheck EIR The City will review the first screencheck EIR and Appendices and identify revisions in the form of a single marked-up copy of the document/appendices indicating all desired changes, corrections and areas for expansion, etc. CBA will prepare a second City screencheck EIR and appendices incorporating City’s comments on the first screencheck EIR, as well as a first draft of the Mitigation Monitoring and Reporting Program. A separate draft Mitigation Monitoring and Reporting Program will be prepared and will include monitoring team qualifications, specific monitoring activities, and a reporting system for evaluating the success of mitigation measures. Task 3.0 Work Products: Second Screencheck EIR, Appendices and Mitigation Monitoring and Reporting Program (5 copies) Task 4.0 Draft EIR The Ci will review the second screencheck EIR/appendices/MMRP and prepare revisions in the form of a single marked-up copy of the document indicating all desired changes, corrections and areas for expansion, etc. CBA will incorporate Ci comments on the second screencheck EIR, appendices and MMRP into a public review Draft EIR. The public review Draft EIR, including appendices and MMRP, will be printed and copies will be prepared for distribution. The City will be responsible for the distribution of the Draft EIR to public agencies and other interested parties. Cotton/Bridges/Associates 999756.0180 7 City of Carlsbad La Costa Town Square EIR Task 4.0 Work Products: Draft EIR, Appendices and Mitigation Monitoring and Reporting Program 25 copies 3-ring binders 20 copies spiral bound 1 unbound reproducible copy 5 copies CD ROM* *We assume the technical reports can be provided to CBA in an electronic format. Task 5.0 Responses to Comments and Screencheck Final EIR CBA will prepare responses to comments received on the Draft EIR during the 45-day public review period. We have provided a budget estimate for preparation of responses to comments that assumes a moderate amount of controversy with respect to this project based on the size and location of the project. This estimate will need to be refined based on the actual volume and complexity of the comments received on the Draft EIR. A final set of responses to comments incorporated in a screencheck Final EIR will be prepared incorporating revisions identified by the City. Task 5.0 Work Products: Screencheck response to comments (1 0 copies) Final responses within a Screencheck Final EIR (1 0 copies) Task 6.0 Final EIR Based on comments received by City staff on the screencheck Final EIR, CBA will prepare the Final EIR document for consideration by the Planning Commission and City Council. Following receipt of City direction for any modification to the screencheck Final EIR, the Final EIR will be prepared including the following changes to the Draft EIR: Revised cover page; Introduction to Final EIR; Revised table of contents; Project Overview; Revised text of ElRs incorporating changes; List of Comments Received on the Draft EIR; and, Comments received and responses to comments on the Draft EIR. Task 6.0 Work Products: Final EIR and Appendices 25 copies 3-ring binders 20 copies spiral bound 1 unbound reproducible copy 5 copies CD ROM* CottonlBridgeslAssociates 999756.01 80 8 City of Carlsbad La Costa Town Square EIR Task 7.0 Findings of Fact (FF) and Statement of Overriding Considerations (SOC) This task will involve the preparation of draft Findings of Fact pursuant to the CEQA Guidelines for significant environmental effects of the project, and a draft Statement of Overriding Considerations, if required, for City Council action. Based on comments received by City staff on the draft Findings of Fact and Statement of Overriding Considerations, CBA will prepare the Final Findings and Fact and Statement of Overriding Considerations document for consideration by the City Council. Task 7.0 Work Products: Draft FindingJSOC (1 0 copies) Final Findings/SOC (1 0 copies) Task 8.0 Meetings and Hearings Subtask 8.1 City Staff Meetings CBA will attend meetings with the City staff to facilitate preparation of the EIR, resolve issues, and review screencheck documents. The attached budget spreadsheet identifies the hours assumed for this task. We have budgeted for 7 staff meetings and one public scoping meeting. Subtask 8.2 Hearings The CBA project manager and/or principal will also attend hearings before the Planning Commission and City Council to provide expert testimony on the EIR. Our cost estimate assumes a total of two (2) Planning Commission and two (2) City Council meetings. The attached budget spreadsheet identifies the hours assumed for this task. Cost Estimate A detailed cost estimate is attached indicating project personnel, hours by task, labor cost and estimated expenses. Our budget estimate is $1 55,465. For all items described in the scope of work with the exception of changes in project description unanticipated and unbudgeted effort in responding to Draft EIR comments, additional meetings and document copies, services will be provided within the budget shown. Cotton/Eridges/Associates 999756.0180 9 City of Carlsbad La Costa Town Square EIR ATTACHMENT 3 0 I- m m 0. 0 .c1 m 8 rc ..I w w m m 0 0 .c1