HomeMy WebLinkAbout2004-01-13; City Council; 17464; Palomar Transfer Station Amendment EIR 03-04AB# 17.464 TITLE:
REQUEST FOR APPROVAL OF AGREEMENTS FOR THE
DEPT. HD. !d
MTG. 1/13/04
DEPT. PLN*&
CITY ATTY. @ PREPARATION OF AN ENVIRONMENTAL IMPACT
REPORT FOR THE PROPOSED PALOMAR TRANSFER STATION AMENDMENT - EIR 03-04 CITY MGR %
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. $004..017 , APPROVING agreements with Palomar
Transfer Station, Inc. and Greystone Environmental Consultants, Inc. for the preparation of an
Environmental Impact Report (EIR 03-04) for the Palomar Transfer Station Amendment trash transfer
station project.
ITEM EXPLANATION:
Palomar Transfer Station, Inc, has made an application with the City to amend their current Conditional
Use Permit (CUP 260(B)) to expand their use area, to modify their existing facility, to modify current
operating hours and conditions, and to increase the amount of trash, which can be processed through the
facility on a daily and weekly basis. The proposed expansion of area would incorporate a 3.9-acre area of
land !iorth of the current facility for parking and storage. Modifications to the existing facility would include
chwges to the existing tipping floor, scale area, and circulation pattern as well as the addition of another
tipping bay. Days and hours of operations would be extended for some activities. The amount of material
processed through the facility would increase from the current maximum of 800 tons per day to a new
proposed maximum of 2,250 tons per day and 14,000 tons per week.
An initial study was prepared for the proposed project pursuant to CEQA requirements. That study
concluded that the project could result in potentially significant environmental impacts. Consequently, the
project will require the preparation of an EIR.
Requests for Proposal for the preparation of an EIR for the Palomar Transfer Station Amendment project were sent to six (6) consulting firms, three (3) of which submitted formal proposa!s 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 lastly, costs submitted.
After reviewing all of the proposals, staff recommends that Greystone Environmental Consultants, Inc. be
hired to prepare the EIR for this project. The Greystone Environmental 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 Palomar Transfer Station Amendment EIR are experienced with this type
of work.
Therefore, staff recommends the attached consulting agreement with Greystone Environmental
Consultants, Inc. and the agreement with Palomar Transfer Station, Inc. as the applicant be approved.
FISCAL IMPACT:
The total cost of the consulting services to prepare the EIR is $119,324.00. The funds will be provided by the applicant, Palomar Transfer Station, Inc. per the attached agreement.
EXHIBITS:
1. City Council Resolution No. 2004 017 , with Exhibit 1: Agreement with Consultant
for the Preparation of an EIR, and Exhibit 2: Agreement between City and Palomar Transfer Station, Inc.
for Payment of the EIR Consultant.
DEPARTMENT CONTACT: Elaine Blackburn, (760) 602-4621, ebiac@ci.carlsbad.ca.us
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RESOLUTION NO. 2004..017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING CONSULTING
AGREEMENTS WITH GREYSTONE ENVIRONMENTAL
CONSULTANTS, INC. FOR THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT FOR THE PALOMAR
TRANSFER STATION AMENDMENT PROJECT AND AN
AGREEMENT WITH PALOMAR TRANSFER STATION, INC.
FOR PAYMENT FOR THE PREPARATION OF EIR 03-04.
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
1. That a consulting agreement with Greystone Environmental Consultants,
Inc. for consulting services to prepare an Environmental Impact Report (EIR) for the Palomar
Transfer Station Amendment project (Exhibit 1 ), and an agreement with Palomar Transfer
Station, Inc. 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 Greystone Environmental
Consultants, Inc., Attention Leslea Meyerhoff, 9474 Kearny Villa Road, Suite 103, San Diego,
CA 92126; Palomar Transfer Station, Inc., 5960 El Camino Real, Carlsbad, CA 92008; and the
Planning Department.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 13th day of January 2004, by the following vote, to wit:
AYES: Cour-cil Members Lewis, Finnila, Kulchin, Hall and Packard
.9\
EXHIBIT 1
AGREEMENT WITH GREYSTONE ENVIRONMENTAL CONSULTANTS, INC. FOR
THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR 03-04)
THIS AGREEMENT, made this 20* day of Z*--Q-, ,203, between the
CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter
referred to as "CITY", and Greystone Environmental Consultants, Inc., hereinafter
referred to as "CONTRACTOR.
RECITALS
WHEREAS, the CITY has entered into an agreement with Palomar Transfer
Station, Inc. hereinafter called applicant, wherein the CITY agrees to prepare an
Environmental Impact Report (EIR) for the proposed project identified as Palomar
Transfer Station - CUP 260(C) which is located at 5960 El Camino Real, Carlsbad CA
92009 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:
1. 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 3
implementing resolutions. In carrying out this obligation the CONTRACTOR'S duties
shall include the following:
(a) The CONTRACTOR shall, consistent with the Work Program contained in
Attachment 2, (1) make all necessary and required field explorations, reviews and tests;
(2) make all necessary and required laboratory tests and analyses; (3) appear and be
prepared to answer questions and prepare testimony on the final Environmental Impact
Report at all public hearings before the Planning Commission and the City Council prior
to the certification of the report; (4) make all reports necessary to comply with the
requirements of this section. Before preparing the draft report, the CONTRACTOR
shall submit five copies of a preliminary report (screen check EIR) to the Planning
Director for staff review. The CONTRACTOR shall revise the preliminary report as
requested by staff in order to make 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 shall 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 wit1 make payment to the CONTRACTOR as provided for in this
agreement.
(b) The CITY will 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 shatl 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 filed 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 Nineteen
Thousand Three Hundred Twenty-four dollars ($1 19,324) for all work necessary to
carry out the requirements of this agreement. Actual payment shall be based on the
cost of the report based on the costs as set forth in Attachment 3 on fife at the Planning
Department. The CONTRACTOR shall be paid within 30 days, in response to monthly
invoices based on the percentage of the tasks completed according to Attachment 3.
The final 10 percent will be paid, not to exceed the maximum amount provided in its
agreement, within 30 days after receipt of invoice, to be submitted after the Certification
of the Environmental Impact Report by the City Council.
5. LIMITS OF THE OBLIGATION
The limits of the obligation of the CITY under this agreement is the sum of One
Hundred Nineteen Thousand Three Hundred Twenty-four dollars ($1 19,324)
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 Nineteen Thousand Three Hundred
Twenty-four dollars ($1 19,324) without appropriate amendment to this agreement.
4 Rev. 08-08-97
6
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 reaching mutual agreement on the proposal, a
supplemental agreement shall be prepared by the CITY and approved by the CITY
according to the procedures described in Carlsbad Municipal Code Section 3.28.1 72.
Such supplemental agreement shall not render ineffective or invalid unaffected portions
of the agreement. Changes requiring immediate action by the CONTRACTOR or the
CITY shall be ordered by the Planning Director who will inform a principal of the
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. NONDISCRIMINATION CLAUSE
The CONTRACTOR shall comply with the state and federal laws regarding
nondiscrimination.
9. TERMINATION OF CONTRACT
The CITY may terminate this agreement at any time by giving written notice to
the CONTRACTOR of such termination and specifying the effective date thereof, at
least fifteen days prior to the effective date of the termination. In the event of
termination, all finished or unfinished documents and other materials prepared pursuant
to this agreement shall become its property. Upon termination for reasons other than
breach of this agreement CITY shall pay CONTRACTOR the reasonable value of the
services completed to the date of notice of determination.
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 (1 0) days. If the resolution thus obtained is unsatisfactory to the
aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for
their resolution through the office of the City Manager. The City Council may then opt
to consider the directed solution to the problem. In such cases, the action of the City
Council shall be binding upon the parties involved, although nothing in this procedure
shall prohibit the parties seeking remedies available to them at law.
11. CLAIMS AND LAWSUITS
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 CONTRACTOR may be subject to criminal prosecution. The CONTRACTOR
acknowledges that California Government Code Sections 12650 et seq., 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 City of Carlsbad to disqualify the CONTRACTOR from the selection
process. yq< (Initial)
The provisions of Carlsbad Municipal Code Sections 3.32.025, 3.32.026,
3.32.027 and 3.32.08 pertaining to false claims are incorporated herein by reference.
C?K (Initial)
12. STATUS OF THE CONTRACTOR
The CONTRACTOR shall perform the services provided for herein in
CONTRACTORS own way as an independent contractor and in pursuit of
CONTRACTOR'S independent calling, and not as an employee of the CITY.
CONTRACTOR shall be under control of the CITY only as to the result to be
accomplished, but shall consult with the CITY as provided for in the request for
proposal. The persons used by the CONTRACTOR to provide services under this
agreement shall not be considered employees of the CITY for any purposes
whatsoever.
The CONTRACTOR is an independent contractor of the CITY. The payment
made to the CONTRACTOR pursuant to the contract shall be the full and complete
compensation to which the CONTRACTOR is entitled. The CITY shall not make any
federal or state tax withholdings OR behalf of the CONTRACTOF? or hidher empdoyees
or subcontractors. The CITY shall not be required to pay any worksrs' ccrnpensation
insurance or unemployment contributions on behalf of the CONTRACTOR or hidher
employees or subcorilractors, on behalf of the CONTRACTOR. The CONTRACTOR
agrees to indemnify the CITY for any iax, retirement contribution. social security,
overtime payment, or workers' compensation Daymerit which the CITY may he 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. OWNERSHIP OF DOCUMENTS
All documents and materials prepared pursuant to this agreement are the
property of the CITY. The CITY shall have the unrestricted authority to publish,
disclose, distribute and otherwise use, in whole or in part, any reports, data, or other
materials prepared under this agreement.
14. REPRODUCTION RIGHTS
The CONTRACTOR agrees that all copyrights which arise from creation of the
work pursuant to this contract shall be vested in CITY and hereby agrees to relinquish
all claims to such copyrights in favor of CITY.
15. RELEASE OF INFORMATfON BY CONTRACTOR
Any reports, information or other data, prepared or assembled by the
CONTRACTOR under this agreement shall not be made available to any individual or
organization by the CONTRACTOR without prior written approval of the CITY.
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
il
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 declaration by the CONTRACTOR.
17. ASSIGNMENT OF CONTRACT
CONTRACTOR shall not assign this contract or any part hereof or any monies
due or to become due thereunder without prior written consent of the CITY.
18. SUBCONTRACTING
If the CONTRACTOR shall subcontract any of the work to be performed under
this contract by CONTRACTOR, the CONTRACTOR shall be fully responsible to the
CITY for the acts and omissions of its subcontractor and of the persons either directly
or indirectly employed by its subcontractor, as it is for the acts and omissions of
persons directly employed by it. Nothing contained in this contract shall create any
employee or contractual relationship between any subcontractor of CONTRACTOR and
the CITY. The CONTRACTOR shafl 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 connection with the performance of this contract
shall become directly or indirectly interested personally in this contract or any part
hereof.
20. VERBAL AGREEMENT OR CONV,ERSATlON
No verbal agreement or conversation with any officer, agent or employee or the
CITY, either before, during or after the execution of this contract, shall affect or modify
any of the terms or obligations herein contained, nor shall such verbal agreement or
conversation entitle the CONTRACTOR to any additional payment whatsoever under
the terms of this contract.
21. SUCCESSOR OR ASSIGNS
Subject to the provision of Paragraph IO, "Hold Harmless Agreement", all terms,
conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
22. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
11 Rev. 08-08-97 I3
23. CONFLICT OF INTEREST
The CONTRACTOR shall file a Conflict of Interest Statement with the City Clerk
in accordance with the requirements of the City of Carlsbad Conflict of Interest Code.
The CONTRACTOR shall report investments or interests in all four categories.
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, representatives, employees or
subcontractors. Said insurance shall be obtained from an insurance carrier admitted
and authorized to do business in the State of California. The insurance carrier is
required to have a current Best's Key Rating of not less than "A-:V" and shall meet the
City's policy for insurance as stated in Resolution No. 91-403.
A. Coverages and Limits.
CONTRACTOR shall maintain the types of coverages and minimum limits
indicated herein, ur?less a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive General Liability insurance. $1,000.000 combined
single-limit per occurrence for bcdily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, genera! aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. P.utornobile Liability 'if the use of an automobile is involved for
CONTRACTOR's work for the City). $1 ,GOG,c)OO combined single-limit per' accident for
12 Rev. 08-08-97
bodily injury and property damage.
3. Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California and
Employer's Liability limits of $1,000,000 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' Compensation.
2. The CONTRACTOR shall furnish certificates of insurance to the
City before commencement of work.
3. The CONTRACTOR shall obtain occurrence coverage.
4. This insurance shall be in force during the life of the agreement
and any extension thereof and shall not be canceled without 30 days prior written notice
to the City sent by certified mail.
5. If the CONTRACTOR fails to maintain any of the insurance
coverages required herein, then the City will have the option to declare the
CONTRACTOR in breach, or may purchase replacement insurance or pay the
premiums that are due on existing policies in order that the required coverages may be
maintained. The CONTRACTOR is responsible for any payments made by the City to
obtain or maintain such insurance and the City may collect the same from the
CONTRACTOR or deduct the amount paid from any sums due the CONTRACTOR
under this agreement.
13 Rev. 08-08-97
Pk
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
For Contractor:
with the foregoing are as follows:
For City: Title: Senior Planner
Name: Elaine Btackburn
Address: 1635 Faradav Avenue
Carlsba-d ,CA 92008
Title: Proiect Manaaer
Name: Leslea Meverhoff, AlCP
Address: 9474 Kearnv Villa Road, Suite 103
San Dieqo CA 92126
ArchiteeUticense Number: NIA
Arch itectllicense Number: NIA
26. BUSINESS LICENSE
CONTRACTOR shall obtain and maintain a City of Carlsbad Business License
for the duration of the contract.
27. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. 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.
14 Rev. 08-08-97 lk
fL Executed by CONTRACTOR this /o day of & ,2003
CONTRACTOR:
Greystone Environmental Consultants,
Inc.
(Name of Contractor)
By:
(sign he$) 7
Bv: - (sign here)
CITY OF CARLSBAD, a municipal
corporation of the State of California A \
(print nameltiff e)
(Proper notarial acknowledgment of execution by CONTRACTOR must be attached).
(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 oficer(s)
signing to bind the corporation.)
(If signed by an individual partner, tho partnership must attach a stafement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
'I 5 Rev. 08-08-97
-
’/ 7 On ,JP~V~;.~~SL& p’c‘. ,i?k-p j-’ before me, ,&&L.& .= ,&d,-dc&
Notary Public, personally appeared -&%P~T 31 ,l&ddci c 9
[)13 personally known to nie - 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 personfs), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
ATTACHMENT 1
PALOMAR TRANSFER STATION
CUP 260(C)/EIR 03-04
2
ATTACHMENT 2
PALOMAR TRANSFER STATION
PROJECT ENVIRONMENTAL IMPACT REPORT SCOPE OF WORK
EIR 03-04/CUP 260(C)
PROJECT LOCATION
The Palomar Transfer Station project site is generally located on the east side of Orion Street
between Faraday Avenue and El Camino Real.
PROJECT BACKGROUND
.The Palomar Transfer Station has operated as an integral component of the existing solid waste
disposal system in North County since 1977, facilitating the handling of residential and
commercial waste as well as recyclables. Solid waste is collected by commercial haulers or
brought in by private individuals and deposited at the facility. The waste is transferred to trailers
that haul it to landfills within the County for final disposal. The facility also includes a recycling/
buy back center for the general public as well as storage, repair, paint and wash rack areas for the
truck and container fleet.
The County of San Diego (Airport Division) is the property owner of the Palomar Transfer
Station. The site is leased to the City of Carlsbad and sublet to the Palomar Transfer Station, Inc.
(a wholly owned subsidiary of Allied Waste Industries, Inc.) for the continued operation of the
transfer station. As the operator, Palomar Transfer Station, Inc. will continue to comply with
Federal Aviation Administration (FAA) requirements and McClellan- Palomar Airport Industrial
and Aviation Area Development and Performance Standards as well as local and state operating
requirements. Additionally, Palomar Transfer Station, Inc. has entered into a sublease agreement
with Waste Management, Inc. to use a portion of the property as their storage, fleet, and
container maintenance facility .
The transfer station currently accepts 800 tons of solid waste per day and operates within the
parameters of the latest Conditional Use Permit. With the continued growth in the City of
Carlsbad and the surrounding communities, it is expected that this tonnage amount will be
exceeded, forcing the short distance haulers to drive further with small loads in order to deposit
the waste collected. Therefore, it is necessary to modify the existing facility to accept the
expected increase in solid waste in order to reduce overall impacts to circulation and air quality
that would be created by the small collection trucks driving greater distances to the landfills.
PROJECT PURPOSE AND NEED
Transfer stations are an integral component of the removal and deposit of waste. Due to the
closure of local landfills, trash must be hauled greater distances to operating landfills. The trash
trucks that pick up trash locally are not designed to haul over long distances. Therefore, transfer
stations are necessary in order to transfer the trash from the collection trucks to distant landfills
via long-haul trailers.
-1-
Modifications to the tonnage capacity and hours of operation are necessary to accommodate the
future solid waste needs of the City of Carlsbad and adjacent communities. With the proposed
site modifications, the additional solid waste tonnage expectations can be accommodated.
The continued and expanded operation of the Palomar Transfer Station reduces the overall
number of miles driven, the amount of energy consumed, air pollution and other local and
regional environmental effects, and provides a location for the general public’s recycling needs.
This action is being taken as a proactive solution to ensure the Palomar Transfer Station’s ability
to accept and process future solid waste and recyclables generated by the anticipated growth in
North County.
CUP Amendment Request
A request for a Conditional Use Permit Amendment (CUP 260(C)) has been submitted to the
City of Carlsbad. The Conditional Use Permit Amendment request involves several operational
and physical changes to the existing station.
Proposed Operational Changes
The proposed operational changes generally consist of modifications to the days and times of
operation of the facility, and an increase in the amount (tonnage) of trash which could be
processed on the site. The specific operational changes requested are as follows:
1. Increase the days and hours of commercial operations on the site.
a.
b.
Current condition:
Transfer Center commercial operations (collection and transport trucks, external
traffic to and from the station, and internal activities) - 5:OO a.m. to 8:OO p.m.,
seven days a week.
Proposed condition:
Transfer Center commercial operations - Collection trucks (external traffic to and
from the station) - 5:OO a.m. to 8:OO p-m., seven days a week.
Transfer Center commercial operations - Transport trucks (external traffic to and
from station) - 24 hours a day, seven days a week
Transfer Center commercial operations - Loading of transport trucks (Internal
activity only) 24 hours a day, seven days a week.
2. Increase the days and hours of operation of the transfer center for public users (self-
haulers).
a. Current condition:
Transfer Center public operations (self-haulers) - 7:30 a.m. to 4:OO p.m. Saturday
and Sunday with the exception of holidays, when under agreement with the City,
hours may be adjusted to allow the day before or after.
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b. Proposed condition:
Transfer Center public operations (self-haulers) - 7:OO a.m. to 4:OO p-m. Monday
- Friday, and 7:30 a.m. to 4:OO p.m. Saturday and Sunday.
3. Increase the hours for fleet maintenance activities.
a. Current condition:
Fleet Maintenance Activities - 7:OO a.m. to 12:OO a.m. (midnight) seven days a
week.
b. Proposed condition:
Fleet Maintenance Activities - 5:OO a.m. to 1:00 a.m. seven days a week.
4. Increase the amount (tonnage) of waste which could be processed by the facility.
a. Existing Condition:
The maximum allowed capacity of the transfer station is 800 tons of trash per day.
No waste shall be processed in excess of that maximurn without approval of an
amendment to this Conditional Use Permit.
b. Proposed Condition:
The maximum allowed capacity of the'transfer station facility is 10,500 tons per
week (equal to about an average of 1,500 tons per day) and not to exceed 1,750
tons per day. No waste shall be processed in excess of that maximum without
approval of an amendment to this Conditional Use Permit.
5. Allow for the acceptance of used waste oil and oil filters at the recyclinghuy back
center from the public and City of Carlsbad vehicles. No other household hazardous
waste (HHW) would be accepted.
Proposed Physical Changes
The proposed physical changes consist of modifications to existing structureslareas and
expansion of the use area into a 3.9-ac undeveloped portion of the parcel. The specific
physical changes requested are as follows:
6. Modify the existing tipping floor space and addition of another load out bay.
7. Modify the scale area to provide for one additional entry/ exit scale in order to
improve on-site circulation for the public.
8. Provide additional on-site stacking lanes adjacent to Orion Street to accommodate the
public.
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9. Provide street-frontage landscaping in order to screen on-site uses.
10. Expand the use area to incorporate a 3.9-acre triangle of land north of and
immediately adjacent to the existing facility to be used for bin storage and truck
parking. (This would also include the elimination of and mitigation for a small 0.1-
acre herbaceous wetland area.)
11. Modify the used oil storage containers on the site to accommodate the increased need
resulting from the acceptance of used waste oil and oil filters from the public and City
of Carlsbad vehicles.
COVERAGE OF THE EIR
Discretionarv Actions - Palomar Transfer Station proiect
The following actions/approvals will be under consideration by the Planning Commission as part
of the proposed project and as analyzed in this EIR:
1. Conditional Use Permit Amendment (CUP 260(C)) - The applicant is requesting an
amendment of the approved Conditional Use Permit (CUP 260(B)) to revise the physical
and operating characteristics of the use and to expand the use area by an additional 3.9
acres, In order to implement the proposed project, City approval of Grading Permits and
Building Permits will be required.
2. State and Federal Permits - As a part of the proposed Project, various state and federal
permits may be required to implement the Project. These permits may include, but are
not limited to, U.S. Army Corps of Engineers 404 permits, California Department of Fish
and Game, and Regional Water Quality Control Board Permits.
The topics to be addressed in the Project EIR include:
Aesthetics
Agricultural Resources
Air Quality
Biological Resources
Cultural Resources
Geology & Soils
Hazards & Hazardous Materials
Hydrology & Water Quality
Land Use & Planning
Mineral Resources
Noise
Population & Housing
Public Services
Recreation
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Transportation & Traffic
Utilities & Service Systems
Mandatory Findings of Significance
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 addendumdupdates since original
publication. In such cases the Consultant shall use the latest/most correct information
available.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Biological Resources Report and Impact Analysis for Palomar Transfer Station, Dudek
and Associates, dated September 2002.
Noise Assessment for the Palomar Transfer Station, Mestre Greve Associates, dated
February 7,2002.
Historical/Archaeological Survey for the Palomar Transfer Station Project, Gallegos &
Associates for Dudek & Associates, dated June 200 1.
Prelirninarv Revised Storm Water Pollution Prevention Plan and Storm Water Monitoring
Promam - Palomar Transfer Station, Bryan A. Stirrat & Associates, Inc., dated March
2 1,2003.
Traffic Impact Analysis For Palomar Transfer Station, RBF Consulting for Dudek &
Associates, dated July 6,2001.
Odor Study, yet to be prepared for project.
Various application submittal drawings, plans, and other exhibits for CUP 260(C)
prepared by URS (Proposed Station Modifications/Site Improvements, Proposed Grading,
Proposed Modifications Elevations, Proposed Circulation Plan, Landscape Plans, etc.).
Application submittal drawings, plans, and other exhibits for CUP 260(C) prepared by
VCA Engineers ("Existing Conditions Site PlardCirculation Plan").
Application submittal drawings, plans, and other exhibits for CUP 260(C) prepared by
Dudek & Associates.
Application submittal drawings, plans, and other exhibits for CUP 260(C) prepared by
Waste Management.
-5- ad
11. Final Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR
93-01), prepared by City of Carlsbad Planning Department, dated March 1994.
12. City of Carlsbad General Plan, adopted by Carlsbad City Council September 6, 1994, and
General Plan Land Use Map.
13. City of Carlsbad Zoning Regulations (Title 21 of the Carlsbad Municipal Code) and
Zoning Mau.
14. City of Carlsbad Environmental Protection Procedures (Title 19 of the Carlsbad
Municipal Code).
15. City of Carlsbad Cultural Resource Guidelines, prepared by RECON, dated December
1990.
16. City of Carlsbad Landscape Manual, adopted by City Council on November 13, 1990.
17. Comprehensive Land Use Plan McClellan-Palomar Airport, prepared by San Diego
Association of Governments, adopted April 1994.
18. 1998 Traffic Monitoring Promam, prepared by Valley Research and Planning Associates,
dated December 28, 1999.
SCOPE OF CONSULTANT SERVICES
The consultant shall prepare a Project Environmental Impact Report for the Palomar Transfer
Station Project, and related applications, which is acceptable to the City. The EIR shall be
prepared pursuant to all applicable state laws and shall conform to the California Environmental
Quality Act (CEQA) and State EIR guidelines.
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 bv the appropriate technical consultant accepting responsibility for
the accuracy and completeness of any studiedreports prepared bv that technical
consultant. These simed statements of responsibilitv 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 Project EIR.
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.
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3) .Provide five (5) screen check 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).
4) Provide five (5) copies of the revised Draft Project EIR text, including appendices and
exhibits, which incorporate staff's written recommendations and revisions to the screen
check Draft EIR, in addition to the first draft of a Mitigation Monitoring and Reporting
Program and Candidate Findings of Fact.
5) Provide fifty-one (51) copies of the City-approved Draft EIR 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 (20) shall be spiral-bound copies, and
five (5) shall be in digital format (Microsoft Word). One copy shall be an un-bound
reproducible copy.
6) Respond to comments made during the Draft Project EIR public review period.
Consultant shall submit written responses to comments and provide ten (10) screen check
Final Project EIR documents which include all comments on the Draft EIR. In addition
ten (10) copies of the Candidate Findings of Fact incorporating staff's comments shall be
submitted.
7) Provide ten (10) copies of the Final Draft EIR, including appendices and exhibits, which
shall incorporate staff's written recommendations and revisions to the screen check 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 Project EIR with appendices and
exhibits. Twenty-five (25) of those copies shall be in 3-ring, loose-leaf binders, twenty
(20) shall be spiral-bound copies, and five (5) shall be in digital format (Microsoft Word).
One copy shall be an un-bound reproducible copy.
9) Attend up to eleven (1 1) meetings, including but not limited to:
a) One (1) kick-off meeting with City Staff.
b) One (1) public scoping meeting.
c) Two (2) meetings with staff to discuss issues regarding the preparation of the screen
check draft.
d) Two (2) meetings with staff to review comments on the screen check draft.
e) Two (2) meetings with staff to review responses to public comments and the final
draft.
f) Up to three (3) public hearings with presentations as necessary as determined by City
staff.
-7-
EIR CONTENTS TOPIC DISCUSSION
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
a11 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. It should also list the agencies
that 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.
AESTHETICS
Proiec t Background
The project site slopes downward generally from the north to the south and contains one small
herbaceous ,wetland (which would be eliminated by the project). The proposed project includes
changes to existing structures (in the already-developed area) and an extension to the north which
would include no new structures but would accommodate bin storage and parlung. Grading for
the proposed expansion would consist of approximately 4,500 CY of cut and 3,500 CY of fill
with 1,000 CY of export and 1,000 CY of import. Grading for the proposed project would not
involve the creation of large or steep slopes.
Tasks:
1. The consultant shall analyze the prqposed landform alterations and proposed site plan for
compliance with the City’s grading regulations.
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.
-8-
AGRICULTURAL RESOURCES
The project site is not currently, and has not been recently, used to grow agricultural crops. The
site is also not identified as important farmland. The Initial Study prepared for the project
concluded that the project would result in no impacts to agricultural resources.
Tasks:
1. The consultant shall evaluate the adequacy and accuracy of the information available and
of the impact conclusions reached in the Initial Study (EIA Part II). The consultant shall
. identify any flawshnadequacies in the analyses and conclusions and, if no
flawshnadequacies are found, shall address this topic in the EIR under “Effects Not
Found To Be Significant”.
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. .
AIR QUALITY
Pro i ec t Background
Although the project has been designed to encourage pedestrian traffic and accommodate public
transit to the extent possible, the development of the proposed project will result in an
incremental increase in local and regional air pollution. Grading for the project may also
contribute 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.
Impacts from the project may include construction emissions, equipment exhaust, fugitive dust,
and vehicle emissions. The project’s 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.
Because of the nature of the existing/proposed use, the project may result in potentially
significant odor impacts. The applicant is having an Odor Study prepared for the proposed
project.
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 shall include consideration of any potential
-9-
emissions impacts as related to the proposed land use.
determine emissions resulting from the project may include:
Recommended analysis to
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,
c) Modeling of air quality impacts, including modeling of ambient air quality.
2. Air quality impacts shall be analyzed with regard to the following:
a) Project emissions from vehicular and stationary sources.
b) Grading and construction.
c) Compliance with federal and state standards as well as regional air quality
attainment plans.
3. The consultant shall perform a third-party review of the Odor Study. The consultant shall
evaluate the methodologies and conclusions contained in the report for legal and
scientific adequacy and accuracy to ensure that the impact and mitigation analyses are of
a scale and level of effort appropriate to the requirements of the project. The consultant
shall identify any flaws in the methodologies and/or conclusions and, if no flaws are
found, shall incorporate the findings of the review into the text of the EIR.
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 DescriDtion
Impacts to biological resources are expected to occur as a result of the proposed project. The
project involves the anticipated loss of 0.1 acre of herbaceous wetlands and 1.1 acres of disturbed
habitat, which will probably require mitigation. The project site is recognized in the City's Draft
Habitat Management Plan (HMP) as a developed area. However, the site is immediately adjacent
to an identified preserve area (Core Area 5) of the HMP. The Biological Resources Report
prepared for the project concluded that the project could have some potentially significant
impacts to biological resources for which mitigation will be required.
-10-
Tasks:
1. The consultant shall describe the biological setting and shall perform a third-party review
of the Biological Resources Report and Impact Analysis. The consultant shall evaluate
the methodologies and conclusions contained in the report for legal and scientific
adequacy and accuracy to ensure that the impact and mitigation analyses are of a scale
and level of effort appropriate to the requirements of the project. The consultant shall
identify any flaws in the methodologies andor conclusions and, if no flaws are found,
shall incorporate the findings of the review into the text of the EIR.
2. The consultant shall review the listings of endangered plant and animal species since the
preparation of the final Draft HMP and the Biological Resources Report and Impact
Analysis through the present and determine the potential for these species to be present
on the project site in order to assure that the project complies with all applicable State and
Federal regulations.
3. The consultant shall evaluate the proposed project for compliance with the City's Draft HMP.
4. The consultant shall analyze the project for potential light and glare impacts on the HMP
preserve area (Core Area 5).
5. 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.
CULTURAL RESOURCES
The project involves changes to existing facilities on a developed site and expansion into an
undeveloped area. A Cultural Resources Survey of the project site was conducted in June 2001.
The Cultural Resources Survey concluded that the project site contained no cultural resources
and that the project would have no impact on cultural resources.
Tasks:
1. The consultant shall perform a third party review of the Cultural Resources Survey
prepared for the project by Gallegos & Associates for Dudek & Associates in June 2001
for technical accuracy and incorporate the findings of the review into the text of the EIR.
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.
-1 1-
GEOLOGY & SOILS
Proiect Background
No soils report was prepared for the proposed project. The bulk of the trash transfer facility
consists of existing structures on a fully developed site. The project would involve a proposed
expansion into a 3.9-acre area not currently within the project boundaries. Proposed
development of that expansion area would involve grading activities and creation of impervious
surfaces, but no structures. It would be used for parking and bin storage. The Initial Study
prepared for this project concluded that the project would have no potentially significant impacts
related to geology or soils.
Tasks:
1. The consultant shall describe the geological setting, including existing soil and geologic
conditions. The consultant shall evaluate the adequacy of the information available and
of the impact conclusions reached in the Initial Study (EIA Part II). The consultant shall
identify any flawshnadequacies in the analyses and conclusions and, if no
flawshnadequacies are found, shall address this topic in the ER under "Effects Not
Found To Be Significant".
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.
HAZARDS & HAZARDOUS MATERIALS
Proiect Background
The proposed project is in an area surrounded by quasi-industrial development and open space (a
habitat preservation area). The facility is also near a public airport (McClellan-Palomar Airport).
The existing trash transfer facility does not currently accept household hazardous waste (HHW).
It does occasionally receive small amounts of such materials mixed in with other solid waste.
When that occurs, those materials are separated and stored in appropriate locked containers until
they are safely transported to an appropriate disposal location. The applicant is requesting an
amendment to allow the facility to routinely accept used waste oil and filters (a type of HHW)
from the public and from City of Carlsbad vehicles. No other HHW would be accepted. The
Initial Study prepared for this project concluded that the project would have no potentially
significant impacts related to hazards or hazardous materials.
Tasks:
1. The consultant shall evaluate the adequacy and accuracy of the information available and
of the impact conclusions reached in the Initial Study (EL4 Part II). The consultant shall
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identify any flawshadequacies in the analyses and conclusions and, if no
flaws/inadequacies are found, shall address this topic in the EIR under "Effects Not
Found To Be Significant".
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.
HYDROLOGY & WATER QUALITY
The proposed project could violate water quality standards or waste discharge standards if
mitigation measures are not incorporated. The existing trash transfer station has a Storm Water
Pollution Prevention Plan (SWPPP). A revised SWPPP has been prepared to address the
proposed expansion of the site to ensure that the final project complies with all applicable
"DES requirements. The Initial Study (EIA Part rr> prepared for the project concluded that
implementation of the mitigation measures identified in the updated SWPPP (and compliance
with NPDES requirements) would reduce any impacts to a less than significant level.
Tasks:
1.
2.
3.
4.
5.
6.
7.
The consultant shall perform a third party review of the Revised Storm Water Pollution
Prevention Plan (SWPPP) prepared for the project by for adequacy and technical accuracy
and, if no deficiencies are found, incorporate the findings of the review into the text of the
EIR.
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 downstream resources.
The consultant shall evaluate the proposed project for National Pollutant Discharge
Elimination System permit compliance.
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8. The consultant shall evaluate the proposed project for impacts to wetlands and non-
jurisdictional wetlands.
9. 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.
LAND USE & PLANNING
Proiec t Background
The proposed project requires an amendment to the existing Conditional Use Permit
(CUP260(B)). The use is an existing trash transfer facility. The applicant proposes to modify the
operations and structures and to expand the use area to the north. The project site is surrounded
by a mixture of developed land (quasi-industrial uses) and open space (to be preserved in the
City's Habitat Management Plan). The Initial Study prepared for the proposed project concluded
that the proposed project is consistent with the City's General Plan and zoning for the project site
and that the project the project would result in no impacts related to Land Use & Planning.
Tasks:
1.
2.
3.
4.
5.
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 determine the project's
compliance with applicable City ordinances and policies. The ordinances and policies
shall include: 1) the City of Carlsbad General Plan, 2) all applicable Carlsbad Zoning
regulations, 3) the Draft Habitat Management Plan, and, 3) the Landscape Guidelines
Manual.
The consultant shall analyze the land use compatibility between the proposed
development and surrounding existing and proposed development
The consultant shall analyze the impacts of the proposed project modifications and
expansion on the subject site and surrounding sites.
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.
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MINERAL RESOURCES
The project site does not contain any mineral resources. The Initial Study prepared for the
project concluded that the project would result in no impacts to mineral resources.
Tasks:
1. The consultant shall evaluate the adequacy of the information available and of the impact
conclusions reached in the Initial Study (EIA Part n). The consultant shall identify any
flaws/inadequacies in the analyses and conclusions and, if no flawdinadequacies are
found, shall address this topic in the EIR under "Effects Not Found To Be Significant".
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.
NOISE
Proiec t B ac kground
The project site will experience some short-term noise impacts from the grading and construction
activity. Surrounding existing streets include Faraday Avenue and Orion Street. Increases in
traffic volumes in the area will add incremental noise. A Noise Assessment for the proposed
project was prepared by Mestre Greve Associates in February 2002. That Assessment concluded
that any noise impacts would be less than significant.
Tasks:
1. The consultant shall perform a third party review of the Noise Assessment and
incorporate the findings of the review into the text of the EIR.
2. The consultant shall make recommendations for mitigation measures or requirements for
additional studies as necessary in the EIR.
3. The consultant shall consult the policies of the Noise Element of the General Plan to
assure proposed mitigation measures do not conflict with the General Plan.
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.
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POPULATION & HOUSING
The proposed project does not involve either the construction of new homes or the creation of
new jobs such that substantial growth would result. The Initial Study concluded that the project
would result in no impacts to population and housing.
1. The consultant shall evaluate the adequacy of the information available and of the impact
conclusions reached in the Initial Study (EIA Part JJ). The consultant shall identify any
flawshadequacies in the analyses and conclusions and, if no flawdinadequacies are
found, shall address this topic in the EIR under "Effects Not Found To Be Significant".
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.
PUBLIC SERVICES
The proposed project is already served by all necessary public facilities, and the small expansion
proposed will not result in a substantial increase in the need for such services or facilities. The
Initial Study concluded that the project would result in no impacts to public services.
1. The consultant shall describe the project as it relates to public services. The consultant
shall evaluate the adequacy of the information available and of the impact conclusions
reached in the Initial Study (EIA Part E). The consultant shall identify any
flawdinadequacies in the analyses and conclusions and, if no flawdinadequacies are
found, shall address this topic in the EIR under "Effects Not Found To Be Significant".
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.
RECREATION
The proposed project would not provide nor create a need for additional recreational facilities.
The Initial Study concluded that the project would result in no recreation impacts.
1. The consultant shall evaluate the adequacy of the information available and of the impact
conclusions reached in the Initial Study (EL4 Part JI). The consultant shall identify any
flawshadequacies in the analyses and conclusions and, if no flawdinadequacies are
found, shall address this topic in the EIR under "Effects Not Found To Be Significant".
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;
- 16-
recommend appropriate mitigation measures as may be required; and, identify any
impacts remaining after implementation of the recommended mitigation measures.
TRANSPORTATION & TRAFFIC
Proiect Background
A Traffic Impact Analysis was prepared for the proposed project. The Initial Study (EL4 Part II)
prepared for the project concluded that the transportation and traffic impacts of the proposed
project would be less than significant.
Tasks:
1. The consultant shall perform a review the traffic report, Traffic ImDact Analysis For
Palomar Transfer Station, prepared by RBF Consulting, dated July 6, 2001or latest
revision, to ensure that all requirements of the City of Carlsbad’s Growth Management
Program are satisfied. .
2. The consultant shall ensure that the study limits of the Traffic Impact Analysis for the
project extend to those road segments and intersections where 20% or more of project-
generated traffic is expected to impact.
3. The consultant shall ensure that the Traffic Impact Analysis identifies the level-of-service
(LOS) for the road segments and intersections for current, near-term and build-out
scenarios are identified as it relates to the proposed project.
4. The consultant shall identify locations of signalized intersections.
5. The consultant shall review the Traffic Impact Analysis for conformance against
SANTEC/ITE Guidelines (including Congestion Management Plan analysis) for Traffic
Impact Studies in the San Diego Region.
6. The consultant shall review the Traffic Impact Analysis against the assumptions made
,within the City’s latest build-out traffic model.
7. The consultant shall review the latest proposed site plan and related exhibits to identify
any potential conflicts for intersection sight distance and vehicular decisions associated
with the project, using Caltrans standards.
8. The consultant shall identify whether or not the proposed project offers potential impacts
to areas outside the City of Carlsbad, and if the project requires any mitigation measures.
9. The consultant shall evaluate and identify any potential impacts resulting from any
changes in the project design made since and not incorporated into the latest revised
Traffic Impact Analysis.
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10.
1 I.
12.
The consultant shall ensure that all required mitigation measures identified in the Reports,
Site Plans, and other plans, drawings, and exhibits are included in the EIR for this project.
The components of the traffickirculation analysis shall include vehicular traffic, public
transportation, bike and pedestrian traffic, and parking. The consultant shall also
complete an evaluation of the pedestrian and bicycle circulation system for potential
hazards.
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.
UTILITIES & SERVICE SYSTEMS
The Initial Study (EIA Part n) prepared for the project concluded that the potential impacts of the
proposed pr0jec.t on utilities and service systems would be less than significant.
Tasks:
1. The consultant shall describe the utilities and service systems setting, including the
potential for impacts to all such systems. The consultant shall evaluate the adequacy of
the information available and of the impact conclusions reached in the Initial Study (EM
Part II). The consultant shall identify any flawdinadequacies in the analyses and
conclusions and, if no flawdinadequacies are found, shall address this topic in the EIR
under "Effects Not Found To Be Significant".
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.
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 impacts to
Biological Resources and HydrologyWater Quality and may result in degradation of the quality
of the environment.
Task:
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
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analysis of the cumulative impacts of relevant projects and any reasonable options for
mitigating or avoiding any significant cumulative impacts of 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.
GROWTH INDUCEMENT
The project site is located adjacent to Faraday Avenue and Orion Street. The majority of the
proposed project site (approximately 7 acres of the 10.9-acre proposed site) is already developed
with the existing trash transfer facility. The proposed 3.9-acre expansion area is located between
the existing facility and two public roadways.
Task:
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.
ALTERNATIVES
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 site except the existing development (i.e.,
“no expansion”).
2. Project Alternative 2 - “Environmentally Superior/Reduced Impact Alternative” - This
alternative would be identified through consultation between the Consultant and City
staff. It could analyze a project plan that would reduce the potential impacts to biological
resources based upon the conclusions of the Biological Resources Survey prepared for the
project.
3. Proiect Alternative 3- “Alternative Sites Analysis” - An EIR typically is required to
analyze an off-site project alternative. However, for this EIR, staff has determined that
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there is no feasible off-site alternative location for the project. The existing trash transfer
facility already exists on its present site. Denial of the current request to modify the
existing structures on the site and/or to expand the bin storage/parking area would not
result in the entire facility relocating to another site. Further, there are no other vacant
appropriately designated sites in the vicinity that could better or more-appropriately
accommodate the existing and proposed facility.
CEQA MANDATED SECTIONS
The consultant shall include all sections mandated by CEQA in the EIR.
EIR FORMAT AND CONTENTS
The EIR should be prepared in conformance with the requirements identified below.
For Draft EIR:
Table of Contents
summary
Significant Effects, Proposed Mitigation, and Alternatives
Areas of Controversy
Issues to be Resolved
Project Location Maps
Statement of Objectives
Technical, Economic, and Environmental Characteristics
Intended Uses of the EIR
Agencies Expected to Use the EIR
List of Permits and Approvals Required
Baseline Environmental Conditions
Resources Unique to the Region
Consistency with Regional Plans
Consideration and Discussion of Environmental Impacts
Significant Impacts (Direct and Indirect)
Significant Impacts Which Cannon Be Avoided or Mitigated (Direct and Indirect)
Significant Irreversible Changes (Direct and Indirect)
Growth Inducing Impacts
Mitigation Measures
Project Description
Environmental Setting
Measures Recommended by the City or Others
Discussion of Alternative Mitigation Measures
Alternatives
Effects Not Found to be Significant
Organizations and Persons Consulted
Discussion of Cumulative Impacts
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For Final EIR:
The Draft EIR (DEIR) or a revision of it
Comments and Recommendations Received on the DER
Persons, Organizations, and Public Agencies commenting on the DER
Responses to Comments
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MEMORADUM OF ACTION
OF
THE BOARD OF DIRECTORS
OF
GFWYSTONE ENVIRONMENTAL CONSULTANTS, INC.
We all of the Directors of Greystone Envbmmtal Consultants, Inc., a Colorado
Corporation, pursuant to the Colorado Business Corporation Act, take the following
action, by consent and without a meeting, as if by Unanimous vote, and waive dl notice
of such meeting:
We hereby authorize Jerry H. Koblitz, Secretary / Treasurer of the Corporation to
individudly execute the contract between the Corporation and the City of
Carlsbad for the Palomar Transfer Station EIR.
This consent of the Board of Directors, when signed by all of the Directors of this
Corporation, shall have the same effect as have been unanimously adopted by vote of the
Board of Directors of this Corporation on the 7th day of November 2003.
IN WITNESS WHEREOF, the Directors have evidenced their approval of the above proceeding as of the date last above mentioned.
APPROVED:
DIRECTORS:
R&dall E. Schroeder
Jerry YKoblitd I
p:
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EXHIBIT 2
AGREEMENT BETWEEN CITY AND PALOMAR TRANSFER STATION, INC.
FOR PAYMENT OF EIR CONSULTANT FOR EIR 03-04
THIS AGREEMENT is made this zOk day of ~~-YLP> ,20 89,
between the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as CITY, and Palomar Transfer Station, Inc. hereinafter referred
to as "APPLICANT".
RECITALS
WHEREAS, the APPLICANT has filed with the CITY a request for
approval of a proposed project identified as Palomar Transfer Station - CUP 260( C)
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 Greystone Envirmmental
Consultants, Inc. hereinafter referred to as "CONTRACTOR" to perform the necessary
work in the processing and monitoring of the Environmental Impact Report for that area
tnore particularly depicted upon J site map attached as Attachmen: 1 and mads a part
of this agreement.
2. It is understood that the CONTRPCTOR services shall conform to
1 Rev 07!31100 q5-
the Proposal attached as Attachment 2 and made a part of this agreement, and may
require:
a) Field exploration;
b)
c) Written reports; and
d) Such other work necessary to properly evaluate the
Weekly communication with the City staff;
proposed project as directed by the Planning Director.
3. It is understood that the CITY will direct the CONTRACTOR to
complete a draft and final Environmental Impact Report at the earliest feasible time.
The CITY will advise the APPLICANT in writing of any impacts which may render the
proposed project infeasible within a reasonable time after CITY has received the
CONTRACTOR 's concfusions 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
Attachment 3. The APPLICANT has advanced the sum of $119,324.00 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 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
2 Rev. 07/31/00
4G
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 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, barring no delays from the APPLICANT.
7. The City shall not be required to defend any third party claims 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 Applicant shall be responsible and reimburse the City for whatever
legal fees and costs, in their entirely, may be incurred by the City in defense of such
action or proceeding. The City shall 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. 07/31/00
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year first above written.
A
Executed by APPLICANT this 22' day of o&,& ,20a.
APPLICANT: Palomar Transfer Station,
Inc.
(Name of Applicant) .e@- n her )
James T. AmbrosoNice President
(print name here/titie)
By:
(sign here)
CiTY OF CARLSBAD, a municipal
corporation of the State of California A
(print name here/titte)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(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 officer(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).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
4 Rev. 07/31/00
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
n
known to me - or [ 3 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 hishedtheir 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.
I?
(Signature of No’tary) u
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
Applicant: TRANSFER STATION INC
Description
EIR03004
Amount
119,324.00
Receipt Number: ROO37962
Transaction Date: 10/24/2003
Pay Type Method Description Amount __________ ___---____ ________--____-_ _____---_-
Payment Check 210449 119,324.00
Transaction Amount: 119,324.00
7293 1#/24/03 0002 Of. 02
CGP U9324.00
CERTIFICATE
The undersigned certifies that she is (i) the duly elected, qualified and acting Secretary of
PALOMAR TRANSFER STATION, INC., a California corporation (the Corporation"), (ii)
that attached hereto as Schedule A is a true and correct copy of resolutions duly adopted by the
Board of Directors of the Corporation, and (iii) that such resolutions have not been amended or
rescinded and are in full force and effect on the date hereof.
Dated: October 17, 2003.
Secretary
SCHEDULE A
WHEREAS, the Corporation has or will enter into a Development
Agreement (the City”) in the
State of California as a prerequisite for an Environmental Impact Report (EN).
The ERI is required of the Corporation to continue the application process for
Conditional Use Permit Amendment 260C (CUP);
Agreement”) with the City of Carlsbad (the
NOW, THERJZFORE, BE IT RESOLVED, that the Corporation is
authorized and directed to execute the Agreement, substantially in the form agreed
to by the Corporation and the City, and any and all other documents required in
connection with the Agreement, with such changes as may be approved by the
ofticers or such other persons authorized to execute same and such actions are
hereby approved, adopted, ratified and confirmed;
F’URT€ER RESOLVED that the Corporation is authorized and directed
to perfom in full the Corporation’ s obligations and agreements as set forth
therein;
FURTHER RESOLVED, that JAMES T. AMBROSO, as Vice
President and an Authorized Agent for the Corporation, is authorized and directed
to execute and deliver the Agreement any and all other documents on behalf of the
Corporation required in connection with the Agreement, ERI, and CUP and in
connection with the Corporation” s obligations and agreements set forth therein,
all of which actions to be taken or previously taken are hereby ratified and
confirmed in all respects;
FURTHER RESOLVED, that the Secretary, or any other officer of the
Corporation, is hereby authorized to certify to the adoption of the foregoing
resolutions as may be required.