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Home My WebLink About2009-07-21; City Council; 19902; La Costa Town Square EIR contractCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 19,902 07/21/09 PLN AMENDMENT NO. 5 TO EIR CONSULTANT SERVICES CONTRACT AGREEMENT WITH COTTON BRIDGES ASSOCIATES FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT ON LA COSTA TOWN SQUARE -EIR 01-02 DEPT. HEAD \£?j CITY ATTY. tf%5> CITY MGR. (jo RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2009-190 approving Amendment No. 5 to the agreement with Cotton Bridges Associates, for the preparation of an Environmental Impact Report (EIR 01-02 - La Costa Town Square). ITEM EXPLANATION: The increase in the cost of the preparation of the EIR requires an amendment to the contract agreement. The existing contract amount is $305,004. This amount will be increased by $40,109 for a maximum cost of $345,113. The increase in contract cost is due to a number of factors, including: 1) The original contract assumed one pre-print draft EIR. Additional input provided from the applicant during review necessitated revisions and a second pre-print draft EIR; and, 2) With the length of time since the original contract (2003) and the necessity to include more senior consultant staff, the EIR consultant has requested an increase in the contracted budget to cover costs associated with preparation of the Response to Comments, CEQA Findings, the Statement of Overriding Considerations for unavoidable impacts from traffic, air quality, noise, and global climate change, and the Mitigation Monitoring and Reporting Program. FISCAL IMPACT: The cost of the preparation of the EIR is borne by the developer and there are no costs to the City. ENVIRONMENTAL IMPACT: The amendment to the Cotton Bridges Associates consultant agreement does not constitute a project and is not subject to the California Environment Quality Act (CEQA). EXHIBITS: 1. 2. 3. Council Resolution No. 2009-190 Signed Amendment No. 5 with Cotton Bridges Associates. Signed Amendment No. 5 vitb La Costa Town Square, LLC. DEPARTMENT CONTACT: Van Lynch (760) 602-4613 van.lvnch@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D O D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D EXHIBIT 1 1 RESOLUTION NO. 2009-190 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT 3 NUMBER 5 TO EIR CONSULTANT SERVICES CONTRACT AGREEMENT WITH COTTON BRIDGES ASSOCIATES FOR 4 THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT ON THE LA COSTA TOWN SQUARE - EIR 01-02. 5 CASE NAME: LA COSTA TOWN SQUARE CASE NO.: EIR 01-02 6 The City Council of the City of Carlsbad, California, does hereby resolve as 7 follows: 8 WHEREAS, the City of Carlsbad has retained Cotton Bridges Associates for the 9 preparation of an Environmental Impact Report for the La Costa Town Square EIR 01-02; and 10 WHEREAS, the parties desire to amend the Agreement's scope of work to 11 increase the fees to $40,109 for a total Agreement amount of $345,113; and 12 WHEREAS, an amendment to the consultant agreement with Cotton Bridges Associates has been prepared and submitted hereto; and WHEREAS, funding for the subject amendment is provided by the developer of the La Costa Town Square project, La Costa Town Square, LLC. 16 NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Carlsbad, California, as follows: 1. That the recitations above are true and correct. 19 2. That the City Council hereby authorizes the Mayor to approve the attached amendment to the agreement with Cotton Bridges Associates for consultant services. 20 3. That the funds are provided by the La Costa Town Square LLC. 21 22 23 24 25 26 27 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 21st day of July, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. LEWIS, Mayor ATTEST: \ LORRAINE M. WOOBfCily Clerk (SEAL) EXHIBIT 2 AMENDMENT NO. 5 TO EIR CONSULTANT SERVICES CONTRACT AGREEMENT WITH COTTON BRIDGES ASSOCIATES FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT ON LA COSTA TOWN SQUARE - EIR 01-02 THIS AGREEMENT, made and entered into as of the .day of ., 2009, by and between the CITY OF CARLSBAD, a municipal <-corporation, hereinafter referred to as "City," and Cotton Bridges Associates, a Division of P & D Consultants, Inc. hereinafter referred to as "Consultant", shall serve to amend the previous contract dated March 6, 2003, attached hereto. All provisions of the original contract, as amended, shall remain in effect, except the Work Program referenced in Section 1(a) shall be amended to include the additional work outlined in the Consultant's revised proposal, dated May 20, 2009, attached hereto, and the fee payable as referenced in Sections 4 and 5 of the contract shall be increased by $40,109.00 for the additional work, making the maximum fees payable a total of $345,113.00. IN WITNESS WHEREOF we have hereunto set our hands and seals. CONTRACTOR: Cotton Bridges Associates Name of Contractor Bv;ATTEST: LORRAINElvl. W6OD~ City Clerk (print name/title) APPROVED AS TO FORM: RONALD R. BALL, City Attorney Assistant City Attorney City Attorney Approved Version 03/17/04 AECOM USA, INC. DIRECTORS AND OFFICERS Directors Richard P. Wolsfeld, Jr. Ira A. Levy Greg Sauter Elise R. Greenspan Chief Executive Officer Frederick W. Werner President and Chief Operating Officer Ira A. Levy Executive Vice Presidents Joseph C. Aiello Jerome C. Premo Joseph G, Pulicare Gregory Sauter Richard A. White Richard P. Wolsfeld, Jr. James R. Zaniboni Senior Vice Presidents F. Ross Edwards Raymond H. Ellis Neal J. Forshner Geoffrey A. Fosbrook, Jr. Elise R. Greenspan Adbol Haghayeghi James B. Hilton Glen T. Kartalis Hans M. Korve Robert A. Lepore Michael J. Marchelletta Victor J. Martinez Edward McGee Diana C. Mendes Gary C. Morris Vahid Ownjazayeri Stephen J. Polechronis Edward J. Schmeltz Bruce R. Toro James W. Weinstein, Jr. Vice Presidents Paul G. AdamsJohn S. Anderson Scott Arganek John R. Azzaro Michael A. Barbour Thomas R. Barnard Mikhail Bass Jack Baylis Christopher K. Bennett Jay Beratan David A. Boate Edward G. Boatman David Brown Enrico BruschiKenneth V. Butler Nancy M. Butler Phillip F. Castellano Michael J. Chalmers William D. Colon Kevin S. Corbett Lewis P. CornellTimothy M. Culligan Matthew G. Cummings Prabir K. Das Stephen C. Dempsey Cesare DeRose, Sr. Joseph G. DiCarlo Nicholas V. DiGregorio Albert G. DiGuilio Vice Presidents: Continued Thomas J. DouganCaroline Downing James G. Duncan Robert P. Edelstein Raymond M. Fares Daniel G. Faust Sheldon L. Fialkoff Barry A. Fiandra Brian Garbushian Michael G. Gasparro Thomas R. Gibson Howard W. Gregson Kenneth W. Griffin Mark S. Griffiths Eugene Grilli Laurie B. Gutshaw David Gwynn Marc S. Hackbarth August V. Hardt Neil H. Harris Roger W. Heebner Richard P. Heidrich Tom Hessling Richard M. Hoar Russell C. Holland Peter Hopkinson Alan Dane Hudson Gary A. Hullfish Charles Hymes, Jr. Darcy L. Immerman William C. Jorgensen Bruce M. Kay John P. Kelly Jeffrey A. Khouri Lucy M. Labruzzo Frank J. LaPlaca Other Officers Amr. A. Elmeged Howard W. Gregson Kenneth W. Griffin Mark S. Griffiths Robert W. Heckman Other Officers Page 2 George R. Lehan Ch David M. Levy Stephen Lipkus Charles B. Manning Richard P. Markwith, Jr. Timothy Martin Steven A. Martocello Mark D. Mehalko Dennis L. Miller Fred S. Mlynarski Aly M. Mohammad Stephen R. Morton Paul J. Muccino Max J. NassarAchille A. Niro Stephen M. O'Brien John O'Connor Thomas P. O'Connor Brent D. Ogden Robert K. Orlin Arthur D. Pace Bijan Pashanamaei Richard Paupst Mark A. Perez Kenneth P. Philmus Kevin A. Pierce Rodney S. Pimentcl Robert D. Pinghero Robert W. Pittman Robert H. Prince, Jr. John S. Prizner Adam Procell Thomas P. Quaranta Alden S. Raine Armando G. RamirezJack R. Roadhouse Joseph J. Klein Hanan A. Kivett Mark D. Latch Robert B. Lowe Lin V. Nathan Elise R. Greenspan, General Counsel, Senior Vice President, Secretary Robert K. Orlin, Assistant Secretary, Vice President David Huchel, Assistant Secretary Edward Benes, Assistant Secretary L. Bruce Bean, Assistant Secretary William Garrett, Assistant Secretary James Lowe, Assistant Secretary Douglas D. Smith, Assistant Secretary Wesley Shimoda, Assistant Secretary Glen Hartwig, Treasurer, Senior Vice President, Chief Financial Officer arles Robbins Terry P. Rookard Peter Rooney Paul A. Roy David W. Ryan Glenn D. Sadulsky Abbas Sarmad Achaibar L. Sawh Ronald L. Schumann, Jr. John R. Seaboldt Michael S. Shapiro Lucila P. Silva Aaron R. Silver Loren Smith Patrick L. Somerville James K. Stacy Wayne Swafford Robert W. Swanagon Michael J. Sweeney Christine Tiernan Robert M. Totillo Matthew G. Ulukaya Shahram N. Vahdat Rachel C. Vandenberg John P. Van Echo Glen D. Vasquez Dipal Vimawala Thomas R. Waldron Talmadge P. Weldon Frank Wengler Steven D. Wilcox Christopher M. Wood Robert E. Wright Gregory R. Yates Joseph F. Zafonte Harry R. Roecker John SharenkoHerbert G. Spooner Charlie V. Trujillo AECOM P&D Consultants AECOM US West Region 999 town & Coiinli'y Road, 4lh riooi. Orange, California 92060 : 714.835 .-1447 f- 714.953 6989 www.aec-om.com May 28, 2009 Mr. Van W. Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: Scope of Services Amendment - La Costa Town Center EIR Dear Mr. Lynch; As you discussed with Yara Fisher, EDAW, through the existing P&D contract with the City, requests an amendment to the contracted budget to complete the La Costa Town Square EIR. Amendment Number 4 approved January 27, 2009, assumed one pre-print draft would be prepared solely for review by the City prior to issuance of the Public Review Draft. Additional input provided by applicant, though helpful, requires EDAW to provide more extensive revisions than anticipated, resulting in the need for two pre-print drafts and thus more costs than anticipated in our last amendment request. Following is a complete list of edits needed to finalize the Draft EIR. PUBLIC REVIEW DRAFT EIR The following outlines the main revisions needed to fully update the Draft EIR per the revised site plan, technical studies, and new environmental issues since our last contract amendment was approved in January 2009: General Edits in EIR Chapters 1 through 4 • Project Description • Environmental Setting • Updated Table 2.0-2 Environmental Impacts and Mitigation Measures Section 5.1 Land Use and Planning • Updated "Project Consistency" statements per revised site plan and technical studies • Added analysis of project grading per Hillside Development Regulations • Updated figures 5.1-3a and 3b Section 5.2 Transportation/Circulation • Updated impact analysis per revised trip generation and distribution • Revised figures per updated traffic study • Revised text and tables for future LOS on street segments and delay at intersections per updated traffic study • Revised mitigation measures and summary of impacts tables Section 5.3 Air Quality • Updated impact analysis (text and tables) per revised trip generation and grading volumes Section 5.4 Noise • Updated impact analysis per revised trip generation and commercial site plan Section 5.10 Visual Aesthetics/Grading • Updated "Urban Decay" impact analysis per supplemental CBRE report • Updated "Grading/Landform" impact analysis per revised site plan and added analysis of consistency with Hillside Development Regulations • Revised figures 5.10-1 thru -4 Page 2 Mr. Van W. Lynch May 28, 2009 Section 5.11 Public Services and Utilities • Updated information on water supply, electric and gas usage per revised site plan, fire services and standards, student generation and school fees, solid waste generation, and hazardous waste disposal Chapter 6 Analysis of Long-Term Effects • Updated analysis of Global Climate Change Chapter 7 Alternatives • Updated project data and impacts for comparison to the alternatives Chapter 8 References • Updated list of references and confirmed correct citations throughout EIR General Edits Throughout Document • Completed technical review for consistency of format, references, figure and table citations, and acronyms In addition, because of the length of time since our original contract was approved and the necessity to include more senior staff in the completion of the document than originally anticipated, EDAW requests an increase in the contracted budget to cover anticipated costs associated with preparation of Response to Comments (RTC), CEQA Findings, the Statement of Overriding Considerations (SOC) for unavoidable impacts from traffic, air quality, noise, and global climate change, and the Mitigation Monitoring and Reporting Program (MMRP). The scope of work for these tasks is described below. RTC, CEQA FINDINGS, SOC, MMRP For the RTC, EDAW will maintain a log of comments letters as received and coordinate with City staff on issues requiring City or applicant input. From this input EDAW will prepare draft responses to all comments, number the individual comments on each letter, and provide the responses in a side-by-side format. The CEQA Findings will be prepared for consideration and adoption by the City Council per Section 21081 of CEQA, Each significant effect will be identified, the relevant CEQA finding identified, and the rationale for the finding will be stated. The SOC for private developments are typically prepared by the project applicant to provide, as applicable, the economic, legal, social, technological or other benefits of the project that outweigh its adverse environmental effects. EDAW will coordinate with City staff to review the proposed findings, but will not undertake any additional research or analysis to support the applicant's draft findings. The MMRP will be prepared in table format and list each mitigation measure, which will be classified as Project Design Mitigation, Ongoing Mitigation, or Long-Term Mitigation in order to identify at what stage in the project development process the mitigation measure can be implemented; identify the responsible monitor by title and the schedule for monitoring during plan preparation, construction, or post-construction; and provide verification by sign- off, date, and comments. FINAL EIR The Final EIR will incorporate each of the documents listed above and will be edited in track changes format to indicate where changes were made as a result of comments received during the public review period or as directed during the City approval process. Per your request to reduce the required number of copies of the Final EIR (which will include the RTC, CEQA Findings, SOC, and MMRP) to 20 copies plus 20 CDs containing the FEIR and Appendices, the copying estimate would be reduced to $946 and is reflected under Final EIR, included below. Page3 Mr. Van W. Lynch May 28, 2009 SUMMARY OF REQUESTED AUTHORIZATION Public Review Draft ElR $9,913.00 RTC 7,680.00 CEQA Findings 6,940.00 SOC 2,670.00 MMRP 2,410.00 Final EIR 10.496.00 TOTAL $40,109.00 We look forward to a favorable consideration of this request and seek your immediate authorization to continue our work. Sincerely, Cyd EJrandvein Senior Vice President °\ FIFTH AMENDED AGREEMENT BETWEEN CITY AND LA COSTA TOWN SQUARE, LLC FOR PAYMENT OF EIR CONSULTANT El R 01-02 THIS AGREEMENT, made and entered into as of the day of ., 2009, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and La Costa Town Square, LLC hereinafter referred to as "APPLICANT", shall serve to amend the original contract dated, March 6, 2003 attached hereto. All provisions of the original contract, as amended, shall remain in effect, except the Work Program referenced in Section 2 shall be amended to include the additional work outlined in the Consultant's revised proposal, dated May 20, 2009, attached hereto, and the fee payable by Applicant as referenced in Sections 4 of the contract shall be increased by $40,109.00 for the additional work, making the maximum fees payable a total of $345,113.00. IN WITNESS WHEREOF we have hereunto set our hands and seals. APPLICANT: La Costa Town Square, LLC CITY OF CARLSBAD, a municipal corporation^!)? the State of Califoprifa. /(sign here) ^print name/title) APPROVED AS TO FORM: RONALD ^. B,ALL, City Attorney By: Assistant City Attorney City Attorney Approved Version 03/17/04 May 20, 2009 Mr. Van W. Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: Scope of Services Amendment - La Costa Town Center EIR Dear Mr. Lynch: As you discussed with Yara Fisher, EDAW, through the existing P&D contract with the City, requests an amendment to the contracted budget to complete the La Costa Town Square EIR. Amendment Number 4 approved January 27, 2009, assumed one pre-print draft would be prepared solely for review by the City prior to issuance of the Public Review Draft. Additional input provided by applicant, though helpful, requires EDAW to provide more extensive revisions than anticipated, resulting in the need for two pre-print drafts and thus more costs than anticipated in our last amendment request. Following is a complete list of edits needed to finalize the Draft EIR. PUBLIC REVIEW DRAFT EIR The following outlines the main revisions needed to fully update the Draft EIR per the revised site plan, technical studies, and new environmental issues since our last contract amendment was approved in January 2009: General Edits in EIR Chapters 1 through 4 • Project Description • Environmental Setting • Updated Table 2.0-2 Environmental Impacts and Mitigation Measures Section 5.1 Land Use and Planning • Updated "Project Consistency" statements per revised site plan and technical studies • Added analysis of project grading per Hillside Development Regulations • Updated figures 5.1-3a and 3b Section 5.2 Transportation/Circulation • Updated impact analysis per revised trip generation and distribution • Revised figures per updated traffic study • Revised text and tables for future LOS on street segments and delay at intersections per updated traffic study • Revised mitigation measures and summary of impacts tables Section 5.3 Air Quality • Updated impact analysis (text and tables) per revised trip generation and grading volumes Section 5.4 Noise • Updated impact analysis per revised trip generation and commercial site plan Section 5.10 Visual Aesthetics/Grading • Updated "Urban Decay" impact analysis per supplemental CBRE report • Updated "Grading/Landform" impact analysis per revised site plan and added analysis of consistency with Hillside Development Regulations • Revised figures 5.10-1 thru -4 Section 5.11 Public Services and Utilities • Updated information on water supply, electric and gas usage per revised site plan, fire services and standards, student generation and school fees, solid waste generation, and hazardous waste disposal Chapter 6 Analysis of Long-Term Effects • Updated analysis of Global Climate Change Chapter 7 Alternatives • Updated project data and impacts for comparison to the alternatives Page 2 Mr. Van W. Lynch May 20, 2009 Chapter 8 References • Updated list of references and confirmed correct citations throughout EIR General Edits Throughout Document • Completed technical review for consistency of format, references, figure and table citations, and acronyms In addition, because of the length of time since our original contract was approved and the necessity to include more senior staff in the completion of the document than originally anticipated, EDAW requests an increase in the contracted budget to cover anticipated costs associated with preparation of Response to Comments (RTC), CEQA Findings, the Statement of Overriding Considerations (SOC) for unavoidable impacts from traffic, air quality, noise, and global climate change, and the Mitigation Monitoring and Reporting Program (MMRP). The scope of work for these tasks is described below. RTC, CEQA FINDINGS, SOC, MMRP For the RTC, EDAW will maintain a log of comments letters as received and coordinate with City staff on issues requiring City or applicant input. From this input EDAW will prepare draft responses to all comments, number the individual comments on each letter, and provide the responses in a side-by-side format. The CEQA Findings will be prepared for consideration and adoption by the City Council per Section 21081 of CEQA. Each significant effect will be identified, the relevant CEQA finding identified, and the rationale for the finding will be stated. The SOC for private developments are typically prepared by the project applicant to provide, as applicable, the economic, legal, social, technological or other benefits of the project that outweigh its adverse environmental effects. EDAW will coordinate with City staff to review the proposed findings, but will not undertake any additional research or analysis to support the applicant's draft findings. The MMRP will be prepared in table format and list each mitigation measure, which will be classified as Project Design Mitigation, Ongoing Mitigation, or Long-Term Mitigation in order to identify at what stage in the project development process the mitigation measure can be implemented; identify the responsible monitor by title and the schedule for monitoring during plan preparation, construction, or post-construction; and provide verification by sign- off, date, and comments. FINAL EIR The Final EIR will incorporate each of the documents listed above and will be edited in track changes format to indicate where changes were made as a result of comments received during the public review period or as directed during the City approval process. Per your request to reduce the required number of copies of the Final EIR (which will include the RTC, CEQA Findings, SOC, and MMRP) to 20 copies plus 20 CDs containing the FEIR and Appendices, the copying estimate would be reduced to $946 and is reflected under Final EIR, included below. \1 PageS Mr. Van W. Lynch May 20, 2009 SUMMARY OF REQUESTED AUTHORIZATION Public Review Draft ElR $9,913.00 RTC 7,680.00 CEQA Findings 6,940.00 SOC 2,670.00 MMRP 2,410.00 Final EIR 10.496.00 TOTAL $40,109.00 We look forward to a favorable consideration of this request and seek your immediate authorization to continue our work. Sincerely, Jerry Flores TITLE