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Home My WebLink AboutEIR 81-10; ANDERSON, ARTHUR A.; Environmental Impact Report (EIR)Do not rypN to the Ic,ft of dotted flr. FEDERAL GRANT A IE OF CALIFORNIA CATION/AWARD NOTIFICATIO ft FE CLEARINGHOUSE (916) 44 0-W,fl3 1 APPLICATION DATE yr rno day CA 2 4. ADDESS.-Street of P. 0. Box FE DE RAL, EMPLOYE Fr 10 ? I r 5. CITY 6. COUNTY L 3 EG- 0 TATE[8. zop J9. PROG TI TLE/NO- (Cataogof Fed. Domesti c Asar • :Fc.•EoP (Complete-i f 10 I ACTO'1 ITYPE OF CHANGE Or1Qcwa.checked) . 14 EXTNG FED GRAP . • 1 EOEcred Do nredDcJ1 uratior therScopch b:Contnution- J Decreased DoUan b El Dereesed Duration b J Cancellation • [ I ----i . yr mo 19. APPLICANT TYPE 4 . . : • Enter Lott, r . . 15. REUESTEFUDSTAFtT 19_ A. State F. Schoo' Dtrict 20.FE0HAL ( )$:_• i;. FUDS-DURA1i014 ' ..._L Moiith) B. ntete- G. Cor-mmunity ActionAgancV 27.S7ATE ( )$ . . - yr• mo .. . C. Sub State Dist )-+. Spor.cred Organization, 22.LQCAL 1•f. Est.PHOJECTSTART 19 . D. County L Indian. 2a OTHER.- 1 8. ESt 1OJECY DURATtO ____(Month)- E. City J. Other (Specify in Reiarks 24. TOTAL [20-.2t. 22.23) 11;SPAOJECTE/( -I:7) AP€1SJ .. . S : •: • . :0scPT1oN. OP APPUCAT'S PROJECT (Purpose). . . : - • EiR l s oe ot Z,UE:' c,JtS6 etc r-A . . 2Env1ronmentaAsesment Requi rack 30. CLAtINGHOUSE(S), TO W}4CHSUflTTED 01 Apocant Dis ntdmpaed ay F;oj act, avStatJ Federal-Agency' I [ ] a-Dsrate- b EJAreaWIdc 3ha NAME/TITLE0FCQNTACTPERSO -, . ckWeE cEfMM ADDFlESS -Street orP. 0. Sox TT c rFtioNa NO.. /OoEM. 131. ci I ErV)f(ONMENTALDOCUMENYREVIEW REQUIRED- vEsr NO Q Enroi*rientaImcact Statement (Report)-Attacheci (20 I t Y€s U copies.) eWill th& project quiTe b If-project isphytical irna'ture or require YES o_ aTtr ilt i El N e-Dec)aratioo-Attached (20 capica)- : project is tocatz).. El None~ attached -Document Will Be Forwarded. Ori, . c-iionpolicy.and plan? .. . - Approxirrote)V. Mon-- Day- Year YESjL.j No_ .EL... t. . (c g Is project covered by . I f No, El FedearcamDoeNotRequire-AnEnvironmentaIDocum&nt A,Pt IV ? El Project-ExernptUnderStata Categorical Exemption, Class If iOAcut? YES El NOD ITEMS 32-38 TO BE COMPLETED BY CLEARINGHOUSE CLARINGHOUSETJJ1CLEARINGHOUSE - [32. MULTIPLE 33. a CTION EASED ON 33.b ACTION TAKEN r REVIEW OF _ a DWith Comment C Waived I STATE APPLICATION j34. IDENTIFIER (SAO C _A I 4NotiIication tEooiication _b D WithoutCommentd E Unfavorable State Number STATE WIDE County! City County! City I County/City Cou nty/ City Cou nty/ County/ Cil 1 35. CLEARINGHOUSE Ping Area Ping Area Ping Area Ping Area Ping Area Ping Area IMPACT CODE _DYOSENO 35. STTE PLAN REQUIRED _I IVINGDATE __mo a SIGNATURE OF CH OFFICIAL T CLEARINGHOUSE fT No CH ACTION DATE yrmo day E PY8 L_.J 19 - ITEMS 39-42 TO BE COMPLETED BY APPLICANT BEORE SENDING FORM TO CEDERAL AGENCY 9CcITI FICATIO - The-applicant ca,tifiethat tothe- beat of hie-knowlede anti belief the-above data are true and 'Check box if clearinghouse- correc-rand.fiIing.otthiforiTr has-been duly authorized by, the governing, body of rho-applicant. 'responsa-isattachad-. 40.e4(PrintCrTypa} -. bTLTLE : cSIGNATURE of Authorized Representative dTELEPHONE 1`.UM8E 41.D/TE MAI LED FOFEOERAL!STATE AGENCY yr moe day- 42NAMEOPFEDERAL/ STATE AGENCY = TO W+ICI4 THis' APPLICATION SUBMITTED ITEMS 43-54 TO BE COMPLETED BY FEDERAL OFFICE EVALUATNG AND RECOMMENDING ACTION ON THE APPLICATION 43. GtANT APPLICATION ID 52. Application Recd. 53.a ExD Action DatC 53.1, n1 to (Assigned by Federal Agency) yr mo day yr mu day - 1U5 U Always Complete 19 - 19 53.aORb I - - 44.G ORAGENCY R Amended Applic. Rev. Expectoci 54. Exp. Action E Received E Action Date Revised As Of E V v V 45. ORGANIZATIONAL UNIT yr mu day I yr mo day yr mo clay S v' -, S S 0 19 - I o 19 - - 19 - - I 0 19 - _ 46. ADMINISTERING OFFICE N 19___ N 19 19 N 19 Ito S ig - - s , 19 - - s - 1,117. Al?DAESS - Street or P. 0. Box 48. CITY - 49. STATE 50. ZIP CODE 51. TELEPHONE NUMBER ITEMS 5555 TO BE COMPLETED BY THE FEDERAL C:CE AP?ROV1N6 THb Li -<A ArLILM I IIUIN EINAL ACTION FINAL DATES yr ma day FUNDS APPROVED [For Changes Show On(yArnr. of Inc, (t) Or 56. 5 L] Awarded b U Reecred c D VVithdlzaln 19 - -- ---- 52 FEDERAL AMOUNT (F V funds) ( I S_,_______ I IN05 AVAILABLE 19 6; STATESHARE ( IS 57. ENOINr; Dc,TE 19 LIcAL SHARE ( I S :' 71177,023) / 15 S . 7'. C' Di' i'M t'Mm THIS AGREEMENT is made this day of 1981, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and GRAVES ENGINEERING hereinafter referred to as APPLICANT. 'r MIA T C' WHEREAS, the city, has entered into an agreement with the "Applicant", and agrees to prepare an Environmental Impact Report for the proposed project identified as a Zone Change and subsequent tentative map. The subject property is located on the. east side of El Camino Real, south of Kelly Drive and is more precisely shown on the plat marked Attachment 1, attached hereto and made a part hereof; and WHEREAS, the Consultant has the qualifications to pre- pare the requied Environmental Impact Report; and WHEREAS, it is understood that the Consultant shall be an independent contractor of the city; NOW, THEREFORE, in consideration of their mutual conve- nants and conditions, the parties hereto agree as follows: (1) DUTIES OF THE CONSULTANT Consultant shall prepare an Environmental Impact Report for the subject project in accord with the California Environ- mental Quality Act as implemented by the State Guidelines and by City in Title 19 of the Carlsbad Municipal Code and its implementing resolutions. . S In carrying out this obligation, the Consultant's duties shall include the following: (a) The Consultant shall (1) make all necessary and required field explorations, review and tests; (2) make all necessary and required laboratory tests and analysis; (3) appear and be prepared to answer questions and present testimony on the final Envi- ronmental Impact Report at all public hearings be- fore the Planning Commission and the City Council prior to the certification. of the report; (4) make all reports necessary to comply with the require- ments of this section. Before preparing the draft report, the Consultant shall submit five copies of a preliminary report to the Planning Director for staff review. The consultant shall revise the pre- liminary report as requested by staff in order to make it suitable for draft EIR review. (b) Consultant shall prepare a draft report in compli- ance with the Work Program contained in Attachment 2 (unless otherwise stated in this agreement), at- tached hereto and made a part hereof, and with ap- plicable state law and city ordinances. The Con- sultant shall submit to City fifty copies plus a reproducible master of the draft EIR to the City. -2- . . (c) Consultant shall attempt to determine as soon as possible in his study of the area involved, those factors which could severely inhibit or prohibit the proposed project. If it appears that such fac- tors are present, he shall, so inform the Planning - Director who in turn will discuss with the appli- cant 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. (d) Consultant shall prepare and file with the City a written response to all comments received subse- quent to public notice that the draft environmental impact report has been filed. Consultant shall - - - also prepare any responses necessary to matters raised at the public hearings. The written re- sponse shall be prepared in a form that will permit attachment to termination. In that event, all fin- ished or unfinished documents and other materials prepared pursuant to this agreement shall, at the option of the City, become its property. (2) DUTIES OF THE CITY (a) The City will make payment to the Consultant as pro- vided for in this agreement. (b) The City will make available to the Consultant any do- cument, studies, or other information in its possession related to the proposed project. -3- (c) Consultant shall attempt to determine as soon as possible in his study of the area involved, those factors which could severely inhibit or prohibit the proposed project. If it appears that such fac- to:s are present, he shall so inform the Planning Director who in turn will discuss with the appli- cant 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. (d) Consultant shall prepare and file with the City a written response to all comments received subse- quent to public notice that the draft environmental impact report has been filed. Consultant shall also prepare any responses necessary to matters raised at the public hearings. The written re- sponse shall be prepared in a form that will permit attachment to termination. In that event, all fin- ished or unfinished documents and other materials prepared pursuant to this agreement shall, at the option of the City, become its property. (2) DUTIES OF THE CITY (a) The City will make payment to the Consultant as pro- vided for in this agreement. (b) The City will make available to the Consultant any do- cument, studies, or other information in its possession related to the proposed project. -3- . . (c) The City will review the Preliminary Report pre- sented by the Consultant within fourteen working days of their receipt and make written comments to the Consultant within this time pedod. (d) The City shall provide the consultant with copies of all written comments received on the draft Envi- ronmental Impact Report subsequent to public notice that the draft Environmental Impact Report has been filed and is available for public review. (3) TERMINATION OF AGREEMENT The city may terminate this agreement at any time by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least fifteen days before the effective date of such preliminary report as re- quested by staff in order to make it suitable for draft EIR review. (4) RELEASE OF INFORMATION BY CONSULTANT Any reports, information or other data, prepared or assem- bled by the Consultant under this agreement shall not be made available to any individual or organization by the Con- sultant without the prior written approval of the City. (5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF ENVIRON- MENTAL IMPACT REPORTS AND OTHER MATERIAL All documents and materials prepared pursuant to this agree- ment are the property of the City. The City shall have the unrestricted authority to publish, disclose,.distribute and -4- . . otherwise use, in whole or in part, any reports, data, or other materials prepared under this agreement. (6) PAYMENT The Consultant will be paid a maximum of $ 4,800.00 dollars for all work necessary to carry out the requirements of this agreement. Actual payment shall be based on the cost of the report based on the costs as set forth in Attachment 2. The Consultant shall be paid sixty percent of the compensable - services completed within fifteen days after receipt of his invoice for the completion of the draft Environmental Impact Report in accordance with Paragraph 1 above. The Consultant will be paid twenty-five percent upon acceptance by the City of the response to comments from the Consultant, the final fifteen percent will be paid not to exceed the maximum amount provided in this agreement within thirty days after receipt of invoice, to be submitted after the certification of the Environmental Impact Report by the City Council. (7) TIME OF COMPLETION Time is of the essence in carrying out the terms of this agreement. It is understood that inclement weather condi- tions may delay the completion of field work. The-Consul- tant will be allowed as many additional days as are neces- sary to compensate for days lost due to inclement weather. The Consultant shall submit to the City five copies of the Preliminary Environmental Impact within four weeks of the - signing of this agreement by both concerned parties. The -5- . . consultant 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. (8) LIMITS OF THE OBLIGATION The limits of the obligation of the City under this agree- ment is in the sum of $ 4,800.00 which amount is estimated to be sufficient to compensate the Consultant for all ser- vices performed hereunder during the terms of this agree- ment. In the event at any time it appears to the Consultant 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 $ 4,800.00 with- out appropriate amendment to this agreement. (9) CHANGES IN WORK If, in the course of this contract, changes seem merited by the Consultant or the City and informal consultations indi- cate that a change in the conditions of the contract is war- ranted, the Consultant 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 of Consultant 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 Council. Such supplemental agreement shall not render ineffective or invalid unaffected portions of the agreement. Changes requiring immediate action by the Consultant or the City shall be ordered by the Assistant City Manager for Developmental Services, who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. The lump sum amounts detailed in this agreement shall be adjusted for changes, either additive or deductive,-in the scope of work. (10) BOLD HARMLESS The Consultant will indemnify the City against and hold it harmless from all and any cost, expense, or liability for damages on account of in.jury or death to persons or damage to property resulting from or arising out of or in any way connected with the performance by consultant of this agree- ment, including the defense of any action arising therefrom. Consultant will reimburse the City for all costs, expenses and losses incurred by it in consequent of any claims, de- mands and causes of action which may be brought against it by a person arising out of the performance by Consultant of this agreement. (11) MAINTAIN INSURANCE Consultant shall, at all times that this agreement is in effect or the premises are occupied by Consultant, cause to be maintained in force and effect an insurance policy or -7- I I policies which will insure and indemnify both City and Con- sultant against liability or financial loss resulting from injuries occurring to persons or property in or about the premises or occurring as a result of any acts or activity of Consultant. The liability under such insurance policy shall be not less than $100,000 for any one person injured or $300,000 for any one accident and $50,000 for property dam- age. The policy shall be written by a responsible company or companies to be approved by City, and shall be noncancel- able except on ten days' written notice to City. Such pol- ic hall name City as co-assured and a copy of such policy shall be filed with the City. (12) INDEPENDENT CONTRACTOR Consultant in accordance with his status as an independent contractor, covenants and agrees that he will conduct him- self consistent with such status, that he will neither hold himself out as nor claim to be an officer or employee of the city by reason hereof, and that he will not by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the City including, but not limited to, workmen's compensa- tion coverage, unemployment insurance benefits, social se- curity coverage, or retirement membership credit. (13) ASSIGNMENT OF CONTRACT Consultant shall not assign this contract or any part there- of or any monies due or to become due thereunder without the prior written consent of the City. . I (14) SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this contract by Consultant, the Consultant shall be fully responsible to the City for the acts and omissions rf 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 contractual relationship between any subcontractor of Con- sultant and the City. The Consultant shall bind every sub- contractor and every subcontractor of a 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. (15) PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept'or approve, or to take part in negotiating, making, accepting or approv- ing any architectural, engineering, inspection, construc- tion, or material supply contract or subcontract in connec- tion with the construction of the project, shall become dir- ectly 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 func- I . I tions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. (16) VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent or employee of 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 such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this contract. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSBAD, a Municipal - Corporation of the State of California • By______ FRANK ALESHIRE, City Manager By & e zzz~ — (' 0, (-) 6 CONSULT/NT APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney -10- I \ 0 . GRAVES ENGINEERING November 18, 1981 TO WHOM IT MAY CONCERN: Mrs. Cathy C. Cibit is hereby authorized to represent Graves Engineering, Incorporated in any contractural matters with your company. As such, she is duly authorized to sign and execute contract documents. Graves Engineering, Inc. is thereby legally bound by all actions of Mrs. Cibit with regard to consulting contracts with your company. Signed President TJG: ir jz 1 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) On this 18th day of November ,19 81 ,before me, the undersigned, a Notary Public in and for said County and State, personally appeared Timothy J. Graves known to me to be the President, - 2 C th corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein I named, and acknowledged to me that such corporation executed the same, pursuant to its laws, or a resolution of a its Board of Directors. WITNESS my hand and official se IAAL MARY HELEN HAPER' 0 Z U Signature(_ ttOTARY PUBLIC PR$NC1L OFF N I SAN DIEGO COUNTY My Commission Expires MaryHelet Hader Miy 7 1982 APdVWVWVVC Name (Typed or Printed) (This area for official seal) P1-1-45 (30) A California Corporation 8910 Cloiremont Mesa Boulevard • San Diego, Ccfornia 92123 • Telephone (714) 565-9512 Municipal & Public Works Engineering Focilire-s iarssng & ripcct Ariclysa 1 . •j ii ( PAY .10 THE /1 ORDER OF /%W2 Sout St 675 I DOLR 22 23 1 02041 I I CITY OF CARLSBAD 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 (714) 4385551 RECEIVED FROM_A. DATE ADDRESS A/C. NO. DESCRIPTION AMOUNT E /., Ol— ct2 I - — N2 21930 TOTAL ob 46 CASE NO.: EIR-81-10 DATE RECEIVED: 08-26-81 (5e. c-3U17/ C,T J -?7/rni.4P J -/ APPLICANT: ANDERSON REQUEST: Zone change & 20 unit mobile home a. 4 mvv 1 000 W q. Posted: Prior Compliance: Published:________ Filed: Filed: NEGATIVE DECLARATION:__________________________ Postth: Published: Notice of Determination:________ ENVIRONMENTAL IMPACT REPORT:__________________ Notice of Notice of Notice of Preparation: Completion: 3_30_g'2__ Determination:__________ PLANNING (DNMISSION 1. Date of Hearing: __-5 2. Publication: 3. Notice to Property CXners: 4. Resolution No. (Continued to: 5. Appeal: - . . Date: 5 Co - ' L ACTION: J::j E 1 CITY COUNCIL 1. Date of Hearing:- 2. 2. Notices to City Clerk :__5 QL 7 . 3. Agenda Bill:7£) /4 4. Resolution No.__________________________ 5. Ordinance No. . CORRESPONDENCE Staff Report to Applicant: Resolution to Applicant: c g7-p I& Date: 1:2) / 5'- c2 ACTION: Date: . I E • REVIEWING AGENCIES V EL(-O AWMW5ON Superintendent Encinitas Ele. School Dist. 189 Union Street Encinitas, CA 92024 San Diego Gas & Electric Co. SANDAG P.O. Box 1831 Attn: Intergov. Relations San Diego, CA 92112 1200 3rd Ave., Suite 524 San Diego, CA 92101 Attn: Kathy Letola / LAFCO Environmental Coordinator 1600 Pacific Highway, Rm 452 San Diego, CA 92101 Department of Public HealthV ' Pacific Health Officer 1600 Pacific Highway San Diego, CA 92101 Calif. Native Plant Society San Diego Chapter Environmental Tech. Comm. P.O. Box 985 National City, CA 92050 S.D. Coast Regional Comm. 6154 Mission Gorge Rd. Ste.220 San Diego, CA 92120 Leucadia Co. Water District 1959 El Camino Real Leucadia, CA 92024 Parks & Recreation Dept. District 6 Headquarters 1350 Front Street, Pm. 6054 San Diego, Ca 92101 County of San Diego Environmental Analysis Div. 9150 Chesapeake San Diego, CA 92123 Attn: Mike Alberson San Diego Co. Air Pollution Control District 9150 Chesapeake San Diego, CA 92123 State Dept. of Fish & Game State Building 1350 Front Street San Diego, CA 92101 / S.D. Regional Water Quality Cont. Board: Envir. Coord. 6154 Mission Gorge Pd. Suite 205 San Diego, CA 92120 / Carlsbad Municipal Water Dist. 5780 El Camino Real Carlsbad, CA 92008 Archaelogical Fellowship San Diego State University San Diego, CA 92115 Farm Advisor County Operations Center 5555 Overland, Bldg. 4 San Diego, CA 92123 S.D. County Sanitation P2tN: Environmental Coordin. 5555 Overland San Diego, CA 92123 Dr. John S. Bradshaw Environmental Studies Lab. University of San Diego Alcala Park, San Diego, CA 92110 Costa Real Water District c/o Jack Kubota & Associates P.O. Box 1095 Carlsbad, CA 92008 Jim Tennant, Park Dev. Dir. County Parks and Rec. Depart 5555 Overland Ave. San Diego, CA 92123 S. D. Co. Arch. Society c/o Carol Walker 237 Fowles Street Oceanside, CA 92054 Bill Berrier, Supt. San Dieguito Union High Dist 2157 Newcastle Avenue Cardiff, CA 92007 San Marcos Co. Water Dist. Manager 788 West Encinitas Road Palomar Airport San Marcos, CA 92069 2198 Palomar Airport Rd. Carlsbad, CA 92008 San Marcos Unified School Dist. Superintendent STATE CLEARINGHOUSE 270 W. San Marcos Carlsbad Unified School Dist. 1400 Tenth Street Pm. 121 San Marcos, CA 92069 801 Pine Avenue Sacramento, CA 95814 Carlsbad, CA 92008